UC-NRLF 


LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA 

OF" 


Received  ,  190 

Accession  No.       #2740    ,    Class  No. 


KENTUCKY 


COMMON  SCHOOL  LAWS, 


WITH  NOTES,  BLANKS  AND  FORMS  FOR  THE  USE  OF  SCHOOL 

OFFICIALS  AND  OTHERS  CONCERNED  IN  THE 

ADMINISTRATION 


.  OF    THE  . 


PUBLIC  SCHOOL  SYSTEM. 


Prepared  and  Published  by  the 

Superintendent  of  Public  Instruction. 


PROPERTY  OF  THE  STATE. 


TO    HK    PRESERVED    AND    DELIVERED    BY    EACH    OFFICIAL    TO 
HIS    OR    HER .Jim.'KSSiMJ     IN    OFFICE. 

Of    Ttli£ 

UNIVERSITY   , 


INCLUDES  THK  LOTjgC'AITirE  ACTS  OF  1896. 


(iKO.  G.  FETTKR  PRINTING  CO., 
LOUISVILLE,  KY. 


L  la,iS*2 


INTRODUCTORY. 


The  General  Assembly  of  1894  amended  eighteen  sections  of 
the  act  of  July  G,  1893,  and  enacted  a  law  for  the  establishment 
and  maintenance  of  public  schools  in  cities  of  the  second  class,  be- 
sides making  some  changes  in  charters  of  the  cities  of  the  third 
and  fourth  classes  affecting  the  public  schools. 

An  act,  now  included  in  the  Session  Laws  of  1894  as  chapter 
34,  was  passed  under  the  title  of  "An  act  to  amend  and  re-enact  sec- 
tions 1,  5  and  6  of  an  act,  entitled  'An  act  for  the  benefit  of  graded 
schools,'  approved  March  18,  1892."  This  act  of  March  18,  1892, 
was  not  included  in  the  edition  of  School  Laws  published  in  the 
summer  of  1893,  from  the  faot  that  its  provisions  had  all  been  in- 
corporated in  the  general  school  law  of  July  6,  1893.  This  amend- 
ment of  the  original  act  makes  it  necessary  to  publish  it  separ- 
ately, as  amended,  and  it  will  be  found  among  the  "School  Laws 
other  than  those  found  in  chapter  260,"  etc.,  and  numbered  II. 
Wherever  necessary  in  the  general  law,  section  100  to  130,  inclusive, 
attention  is  called  to  it  by  marginal  note.  The  amended  sections  of 
the  act  of  July  6,  1893,  are  given,  that  the  reader  may  readily  note 
whatever  changes  have  been  made.  They  are  the  following:  33, 
37,  46,  57,  58,  59,  G9,  78,  79,  80,  S3,  89,  132,  133,  137,  149  and  156. 

Beginning  with  sub-head  31,  in  the  Appendix,  are  found  such 
additional  abstracts  of  the  decisions  of  the  State  Courts  and  opin- 
ions of  the  Attorney-General,  on  common  school  laws,  as  are  nat 
given  in  former  editions. 

The  supply  of  last  edition  is  now  so  nearly  exhausted,  and  so 
many  changes  have  been  made,  as  to  necessitate  the  printing  and 
distribution  of  the  entire  code,  instead  of  a  supplementary  pamph- 
let containing  only  the  new  enactments,  with  which  to  compare  that 
now  in  hand.  The  latter  course  would  involve  increasing  trouble 
to  school  officers,  and  inevitably  lead  to  confusion.  Publication 
is,  therefore,  made  in  accordance  with  the  following  provisions. 


INTRODUCTORY.  3 

as  found  in  sections  31  and  33,  chapter  260,  acts  of  Assembly,  1891- 
92-93. 

"The  Superintendent  of  Public  Instruction  shall  biennially  col- 
lect, arrange  for  publication  and  index  the  school  laws,  omitting  all 
that  has  been  repealed,  and  inserting  in  its  proper  place  that  which 
is  amendatory.  *  *  *  * 

"He  shall  have  published  for  annual  distribution  throughout 
the  State,  abstracts  of  the  decisions  of  the  Appellate  Court  and  ot 
the  Attorney-General  on  points  of  school  law  and  construction 
thereof,  etc." 

The  General  Assembly  of  1896 /  amended  sections  63  and  117, 
and  section  8,  of  the  charter  for  second  class  cities,  granted  the 
power  to  trustees  of  county  seminary  property  to  transfer  the  same 
to  trustees  of  a  common  school  district,  with  some  other  less  gen- 
eral legislation  for  the  cause  of  education. 

We  have  adopted  the  "Introduction"  of  our  predecessor  in  office 
explaining  the  legislation  of  1894. 

W.  J.  DAVIDSON, 
Superintendent  of  Public  Instruction. 


82740 


EDUCATIONAL  PROVISIONS  OF  THE  STATE  CONSTITUTION 

OF 

KENTUCKY. 


EDUCATION. 

"§  183.  The  General  Assembly  shall,  by  appropriate  legisla- 
tion, provide  for  an  efficient  system  of  common  schools  throughout 
the  State. 

"§  184.  The  bond  of  the  Commonwealth,  issued  in  favor  of  the 
Board  of  Education,  for  the  sum  of  one  million,  three  hundred  and 
twenty-seven  thousand  dollars,  shall  constitute  one  bond  of  the 
Commonwealth  in  favor  of  the  Board  of  Education,  and  this  bond 
and  the  seventy-three  thousand  five  hundred  dollars  of  the  stock 
in  the  Bank  of  Kentucky,  held  by  the  Board  of  Education,  and  its 
proceeds,  shall  be  held  inviolate  for  the  purpose  of  sustaining  the 
system  of  common  schools.  The  interests  and  dividends  of  said 
fund,  together  with  any  sum  which  may  be  produced  by  taxation  or 
otherwise  for  purposes  of  common  school  education,  shall  be  ap- 
propriated to  the  common  schools,  and  to  no  other  purpose.  Xo 
sum  shall  be  raised  or  collected  for  education  other  than  in  common 
schools  until  the  question  of  taxation  is  submitted  to  the  legal 
voters,  and  the  majority  of  the  votes  cast  at  said  election  shall  be 
in  favor  of  such  taxation :  Provided,  The  tax  now  imposed  for  edu- 
cational purposes,  and  for  the  endowment  and  maintenance  of  the 
Agricultural  and  Mechanical  College,  shall  remain  until  changed 
by  law. 

"§  185.  The  General  Assembly  shall  make  provision,  by  law, 
for  the  payment  of  the  interest  of  said  school  fund,  and  may  pro- 
vide for  the  sale  of  the  stock  in  the  Bank  of  Kentucky;  and  in  case 
of  a  sale,  of  all  or  any  part  of  said  stock,  the  proceeds  of  sale  shall 
be  invested  by  the  Sinking  Fund  Commissioners  in  other  good  in- 
terest-bearing stocks  or  bonds,  which  shall  be  subject  to  sale  and  re- 
investment, from  time  to  time,  in  like  manner,  with  the  same  re- 
strictions, as  provided  with  reference  to  the  sale  of  the  said  stock 
in  the  Bank  of  Kentucky. 


EDUCATION.  5 

••£  ISO.  Kadi  county  in  the  Commonwealth  shall  be  entitled  to 
its  proportion  of  the  school  fund  on  its  census  of  pupil  children 
for  each  school  year;  and  if  the  />ro  rnta  share  of  any  school  dis- 
trict be  not  called  for  after  the  second  school  year,  it  shall  be 
covered  into  the  treasury  and  be  placed  to  the  credit  of  the  school 
fund  for  general  apportionment  the  following  school  year.  The 
surplus  now  due  the  several  counties  shall  remain  a  perpetual  ob- 
ligation against  the  Commonwealth  for  the  benefit  of  said  respect- 
ive counties,  for  which  the  Commonwealth  shall  execute  its  bond, 
bearing  interest  at  the  rale  of  six  per  centum  per  annum,  payable 
annually  to  the  counties  respectively  entitled  to  the  same,  and  in 
the  proportion  to  which  they  ace  entitled,  to  be  used  exclusively  in 
aid  of  common  schools. 

"§  187.  In  distributing  the  school  fund  no  distinction  shall  be 
made  on  account  of  race  or  color,  and  separate  schools  for  white 
and  colored  children  shall  be  maintained. 

u§  188.  So  much  of  any  moneys  as  may  be  received  by  the  Com- 
monwealth from  the  United  States  under  the  recent  act  of  Congress 
refunding  the  direct  tax  shall  become  a  part  of  the  school  fund, 
and  be  held  as  provided  in  section  181;  but  the  General  Assembly 
may  authorize  the  use,  by  the  Commonwealth,  of  the  moneys  so 
received  or  any  part  thereof,  in  which  event  a  bond  shall  be  exe- 
cuted to  the  Board  of  Education  for  the  amount'  so  used,  which 
bond  shall  be  held  on  the  same  terms  and  conditions,  and  subject 
to  the  provisions  of  section  184,  concerning  the  bond  therein  re- 
ferred to. 

"§  189.  No  portion  of  any  fund  or  tax  now  existing,  or  that  may 
hereafter  be  raised  or  levied  for  educational  purposes,  shall  be 
appropriated  to,  or  used  by,  or  in  aid  of,  any  church,  sectarian  or 
denominational  school." 

£  1  .V).  The  provisions  of  sections  14.")  to  l.~)4,  inclusive,  (which 
require  a  secret  ballol  in  all  elections,  etc.)  shall  not  apply  to  the 
election  of  school  trustees  and  other  common  school  district  elec- 
tions. Said  elections  shall  be  regulated  by  the  General  Assembly, 
except  as  otherwise  provided  in  this  Constitution." 

"§  157.  The  lax  rate  of  cities,  towns,  conn  lies,  taxing  districts 
and  other  municipalities,  for  other  than  school  purposes,  shall  not, 
at  any  time,  exceed  the  following  rates  upon  the  Value  of  the  tax- 
able property  therein,  viz:  For  all  towns  or  cities  having  a  popu- 


EDUCATION. 

lation  of  fifteen  thousand  or  more,  one  dollar  and  fifty  cents  on  the 
hundred  dollars;  for  all  towns  or  cities  having  less  than  fifteen 
thousand  and  not  less  than  ten  thousand,  one  dollar  on  the  hundred 
dollars;  for  all  towns  or  cities  having  less  than  ten  thousand,  sev- 
enty-five cents  on  the  hundred  dollars;  and  for  counties  and  taxing 
districts,  fifty  cents  on  the  hundred  dollars;  unless  it  should  be  nec- 
essary to  enable  such  city,  town,  county,  or  taxing  district  to  pay 
the  interest  on,  and  provide  a  sinking  fund  for  the  extinction  of, 
indebtedness  contracted  before  the  adoption  of  this  Constitution. 
No  county,  city,  town,  taxing  district,  or  other  municipality,  shall 
be  authorized  or  permitted  to  become  indebted,  in  any  manner  or  for 
any  purpose,  to  an  amount  exceeding,  in  any  year,  the  income  and  rev- 
enue provided  for  such  year,  without  the  assent  of  two-thirds  of  tEe 
voters  thereof ,  voting  at  an  election  to  be  held  for  that  purpose;  and 
any  indebtedness  contracted  in  violation  of  this  section  shall  be  void. 
Nor  shall  such  contract  be  enforceable  by  the  person  with  whom 
made;  nor  shall  such  municipality  ever  be  authorized  to  assume 
the  same." 


THE 


COMMON  SCHOOL  LAWS 


.     .     .   OF    THK    .      .      . 


COMMONWEALTH 


KENTUCKY. 

I. — GENERAL  PROVISIONS Sections       i  to       7 

II. — SCHOOL   FUND. Sections      8  to     14 

III. — BOARD  OF   EDUCATION Sections     i  5  to    21 

IV. — SUP'T  OF  PUBLIC  INSTRUCTION   Sections    22  to     36 

V. — COUNTY  SUPERINTENDENT Sections    37  to     59 

VI. — COUNTY  BOARD  OF  EXAMINERS Sections    60  to    64 

VII.  — DISTRICTS Sections    65  to    71 

VIII. — DISTRICT  TRUSTEES Sections    72  to    92 

IX, — DISTRICT  TAXATION Sections    93  to    99 

X. — GRADED  COMMON  SCHOOLS Sections  100  to  130 

XI. — TEACHERS Sections  131  to  136 

XII. — TEACHERS'  INSTITUTE    Sections  1 37  to  147 

XIII. — COUNTY  AND  DISTRICT  LIBRARIES  ..  ..Sections  148  to  151 

XIV. — COLORED  SCHOOLS Sections  152  to  155 

XV. — ENFORCED  ATTENDANCE Sections  i  58  to  164 


G  KN  Ell  A  L  P  IK )  V  J  S I  < )  N  S. 


I.     GENERAL  PROVISIONS. 


1.  A  uniform  system  of  common  schools 
throughout  the  State. 

'2.  Common  school  and  its  conditions  de- 
fined. 

3.  School-year, when  to  begin  and  termi- 

nate. 

4.  Number  of  school-days  to  constitute 

a  month;  number  of  hours  to  con- 
stitute a  school-day ;  conditions  for 
employing  assistant  teachers. 


Duty  of  all  pupils ;  for  good  cause 
may  be  suspended  or  expelled  from 
school. 

Forbidden  publications  and  doctrines 
in  common  schools. 

Conditions  for  graduation  in  a  com- 
mon school. 


§  l.  [A  Uniform  System.] — /•*<•  it  wHictwi  ////  t!i<  GY>/m/7  A.s- 
senibly  of  the  Commonwealth  of  Kentucky:  There  shall  be  maintained 
throughout  the  State  of  Kentucky  a  uniform  system  of  common 
schools  in  accordance  with  the  Constitution  of  the  State  and  this 
chapter. 

§  2.  [Common  School  Defined.] — No  school  shall  be 
deemed  a  "common  school,"  within  the  meaning  of  this  chapter, 
or  be  entitled  to'any  contribution  out  of  the  school  fund  unless  the 
same  has  been,  pursuant  hereto,  actually  kept,  or  is  under  contract 
to  be  kept,  by  a  qualified  teacher  for  three  months  in  districts  hav- 
ing thirty-five  pupils  or  less,  for  four  months  in  districts  having  more 
than  thirty-five  or  less  than  forty-five  pupils,  and  for  five  or  more 
months  in  districts  having  forty-five  or  more  pupils,  during  the  same 
school  year,  and  at  which  every  child  residing  in  the  district,  be- 
tween the  ages  of  six  and  twenty  years,  has  had  the  privilege  of 
attending,  whether  contributing  towards  defraying  its  expenses 
or  not:  Proridcd,  That  nothing  herein  shall  prevent  any  person 
from  attending  a  common  school  who  will  obtain  the  consent  of  the 
trustees  and  the  teachers  and  pay  the  required  tuition  fees.  But 
after  June  30,  1894,  no  school  shall  be  deemed  a  ••common  school" 
or  be  entitled  to  any  contribution  out  of  the  school  fund,  unless 
the  same  has  been,  pursuant  hereto,  actually  kept,  or  is  under  con 
tract  to  be  kept,  by  a  qualified  teacher  for  not  less  than  five  months 
during  the  same  school  year,  free  of  expense  to  every  pupil  child, 
as  prescribed  above.  In  order  Hint  each  child  of  the  Common- 
wealth may  enjoy  the  benefits  of  a  five  mouths'  school,  the  Super- 
intendent of  Public  Instruction  shall,  for  each  school  year  after 
June  30,  1893,  apportion  the  fund  due  each  county  having  one  or 
more  districts  of  less  than  forty-live  pupil  children  as  follows:  He 
shall  apportion  to  each  district,  without  regard  to  school  popula- 


A* 

UK 


(iKNKHAL   PROVISIONS.  9 

tion,  the  per  capita  of  forty-fiA'e  pupil  children,  both  from  the  fund 
derived  from  the  State  and  interest  on  the  county  bond,  if  any,  and 
promt  e  the  remainder  of  the  fund  among  the  districts  having  more 
than  forty-five  such  children:  Provided,  That  any  fractional  bal- 
ance shall  be  omitted  in  computing  the  said  per  capita,  and  that  the 
aggregate  of  fractional  balances  shall  be  credited  to  the  respect- 
ive counties,  and  be  taken  into  account  the  following  year. 

§  3.  [School  Year.] — The  school  year  shall  begin  on  the 
first  day  of  July,  and  end  on  the  thirtieth  of  June. 

§  4  '[School  -  Month  —  School  -  Day  —  Assistant 
Teachers.] — Twenty  school  days,  or  days  in  wrhich  teachers  are 
actually  employed  in  the  schrool  room,  shall  constitute  a  school 
month  in  the  common  schools  of  the  State;  but  no  teacher  shall 
teach  on  Saturdays.  Teachers  shall  have  the  benefits  of  only  such 
legal  holidays  as  they  actually  observe.  Six  hours  of  actual  work 
in  the  school  room  shall  constitute1  a  school  day;  and  under  no  cir- 
cumstances shall  the  daily  session,  including  recesses  and  inter- 
missions, exceed  nine  hours  in  length.  When  the  attendance  ex- 
ceeds fifty,  the  teacher  may  employ,  during  such  attendance,  an 
assistant,  whose  scholarship  and  competency  shall  be  acceptable 
to  the  trustees.  When  the  school  shall  require  an  assistant  to 
serve  regularly  at  a  salary,  such  assistant  shall  hold  a  certificate  of 
qualification  and  be  employed  by  the  trustees. 

§5.    [Regulations    for    Schools  —  Penalties.] — All 

pupils  who  may  be  admitted  to  common  schools  shall  comply  with 
the  regulations  established  in  pursuance  of  law  for  the  government 
of  such  schools.  Wilful  disobedience  or  defiance  of  the  authority 
of  the  teachers,  habitual  profanity  or  vulgarity,  or  other  gross  vio- 
lation of  propriety  or  law,  shall  constitute  good  cause  for  suspension 
or  expulsion  from  school. 

§  G.    [Forbidden     Publications   and    Doctrines.]— 

No  books  or  other  publications  of  a  sectarian,  infidel,  or  immoral 
character,  shall  be  used  or  distributed  in  any  common  school;  nor 
shall  any  sectarian,  infidel  or  immoral  doctrine  be  taught  therein. 

§7.  [Conditions  for  Graduation.] — Whenever  a  pupil 
of  any  common  school  shall  have  faithfully  completed  the  pre- 
scribed course  of  study,  shall  have1  passed  a  proper  examination 
before  the  (1ounty  Hoard  of  Examiners  on  a  series  of  questions 


10 


SCHOOL  FUND. 


prescribed  by  the  State  Board  of  Examiners,  and  paid  to  the  said 
county  board  an  examination  fee  of  one  dollar,  he  shall  be  entitled 
to  a  certificate  of  such  completion  and  examination,  signed  by  said 
county  board  and  approved  by  the  Superintendent  of  Public  Instruc- 
tion who  shall  affix  thereto  his  official  seal.  The  superintendent  shall 
prepare  a  proper  formfor  said  certificate.  One  such  examination  shall 
be  held  in  each  county  on  the  last  Thursday  in  January,  and  an- 
other on  the  last  Thursday  in  June  of  each  year. 


II.     SCHOOL  FUND. 


§  8.  Of   what  the  school  fund  shall  con- 
sist. 

(1.)  Interest  on  the  bond  of  the  Com- 
monwealth. 

(2.)  Dividends  on  bank  stock  owned 
by  the  State. 

(3.)  Interest  on  bond  issued  for  surplus. 

(4.)  Interest  on  bond  of  1892. 

(5.)  Annual  State  Tax. 

(6.)  Proportion  of  revenue  received 
from  licenses,  and  from  fines  and 
forfeitures. 

9.  The  foregoing  shall  constitute  the 
annual  resources  of  the  school 
fund  ;  how  appropriated. 


10.  Use  of  fund. 

11.  Duty    of   the  auditor  in  relation   to 

the  common  school  fund. 

12.  Net  revenue  of  the  common  school 

fund  to  be  distributed.  Discounts 
on  checks  and  other  incidentals 
to  be  paid  by  fiscal  courts. 

13.  Manner  of  estimating  pro  rata  share 

of  common  school  fund  for  each 
pupil  child  of  the  Common- 
wealth; county  and  district  ap- 
portionment. 

14.  Manner,   of   distributing  amount  of 

school  fund  due  each  county, 
citv.  etc. 


§8.  [School  Fund.] — The  school  fund  shall  consist  of  the 
fund  dedicated  by  the  Constitution  and  laws  of  this  Common- 
wealth for.  the  purpose  of  sustaining  a  system  of  common  schools 
therein:  (1.)  The  interest  on  the  bond  of  the  Commonwealth  for 
one  million  three  hundred  and  twenty-seven  thousand  dollars  (1,- 
327,000)  in  aid  of  common  schools,  at  the  rate  of  6  per  cent,  per 
annum,  payable  semi-annually  on  the  first  day  of  January  and  July 
of  each  year.  (2.)  The  dividends  on  seven  hundred  and  thirty-five 
shares  of  the  capital  stock  of  the  Bank  of  Kentucky,  representing 
a  par  value  of  seventy -three  thousand  five  hundred  dollars  owned 
by  the  State.  The  surplus,  three  hundred  and  eighty-one  thou- 
sand nine  hundred  and  eighty-six  dollars  and  eight  cents  ($381,986.- 
08),  now  due  the  several  counties,  and  remaining  a  perpetual  obli- 
gation against  the  Commonwealth  for  the  benefit  of  said  respective 
counties,  for  which  the  Commonwealth  shall  execute  its  bond,  bear- 
ing interest  at  the  rate  of  6  per  centum  per  annum,  payable  annually 
on  the  first  day  of  July  to  the  counties  respectively  entitled  to  the 
same,  and  in  the  proportion  to  which  they  are  entitled,  to  be  used 
exclusivelv  in  aid  of  common  schools.  Said  bond  shall  be  executed 


SCHOOL  FUND.  jl 

by  the  Governor  and  attested  by  the  Secretary  of  State  for  and  on 
behalf  of  the  Commonwealth  of  Kentucky,  and  when  said  bond 
is  executed  the  old  bond  for  three  hundred  and  seventy-eight  thou- 
sand nine  hundred  and  forty-six  dollars  and  seventy-one  cents, 
being  part  of  said  bond,  shall  be  canceled  and  destroyed.  (4.)  TKe 
interest  at  6  per  cent,  per  annum,  payable  semi-annually,  on  the 
first  day  of  January  and  July,  on  six  hundred  and  six  thousand  six 
hundred  and  forty-one  dollars  and  three  cents  (f 606,641.03),  received 
from  the  United  States  under  an  act  approved  March  2,  1891,  for 
which  the  Commonwealth  has  executed  bond  pursuant  to  an  act 
approved  March  12,  1892.  (5.)  The  annual  tax  of  twenty-two  cents 
on  each  one  hundred  dollars  of  value  of  all  real  and  personal  estate 
and  corporate  franchises  directed  to  be  assessed  for  taxation.  (6.) 
Such  portions  of  fines,  forfeitures  and  licenses  which  may  be  real- 
ized by  the  State  as  the  amount  of  taxes  for  common  school  pur- 
poses bears  to  the  whole  State  tax  other  than  for  the  benefit  of  the 
Agricultural  and  Mechanical  College. 

§9.  [Entire  Annual  Resources — How  Appropri- 
ated.]— The  foregoing  shall  constitute  the  annual  resources  of  the 
school  fund  of  Kentucky,  and  shall  be  paid  into  the  treasury,  and 
shall  not  be  drawn  out  or  appropriated,  except  to  pay  the  expenses 
of  the  State  Department  of  Education  of  whatever  character  or 
kind,  and  in  aid  of  common  schools,  as  provided  in  this  chapter. 

§  10.  [Use  of  Fund  and  Its  Revenue  ]— Except  as  other- 
wise expressly  provided  in  this  chapter,  no  part  of  the  common 
school  fund,  or  of  the  revenue  thereof,  shall  be  used  for  any  other 
purpose  than  the  payment  of  teachers  of  common  schools,  legally 
qualified  and  employed  in  pursuance  thereof. 

§  11.  [Duty  of  Auditor.] — The  auditor  shall  keep  the  ac- 
counts in  relation  to  this  fund.  He  shall,  once  in  each  month,  make 
a  transfer  to  the  credit  of  said  fund  of  all  receipts  into  the  treas- 
ury, with  the  source  of  each  item,  for  the  benefit  of  the  common 
schools  up  to  the  date  of  such  transfer.  He  shall  allow  no  expen- 
ditures on  that  account  beyond  the  annual  revenue  of  the  fund, 
and  shall  see  that  no  county  draws  more  than  its  proper  proportion. 

§12.  [Distribution  of  Net  Revenue.] — The  net  reve- 
nue of  the  fund  accruing  during  each  school-year  shall  constitute 
the  sum  to  the  distributed.  But  no  fees  to  county  judges  or  clerks, 


12  SCHOOL  FUND. 

discount  on  checks,  or  other  incidental  expenses,  shall  be  paid  out 
of  the  distributable  share  of  the  revenue  apportioned  to  any  county; 
but  such  payment,  when  allowed  by  the  fiscal  court,  shall  be  made 
out  of  the  count}T  levy. 

§  13.  [Estimate— Pro  Rata  Apportionment.]— The  Su- 
perintendent of  Public  Instruction  shall,  on  or  before  the  fifteenth 
day  of  July  in  each  year,  ascertain  and  estimate  for  the  school  year 
the  pro  rata  share  to  which  each  pupil  child  will  be  entitled,  ac- 
cording to  the  whole  number  of  such  children  residing  in  the  county 
and  each  school  district,  respectively,  as  shown  by  the  returns  of 
the  county  superintendent.  If,  at  the  time  of  making  such  estimate 
and  apportionment,  the  census  returns  of  the  superintendent  for  any 
county  have  not  been  made  to  him,  he  shall  use  the  census  returns 
made  for  the  previous  year.  It  shall  be  the  duty  of  the  auditor  to 
furnish  the  Superintendent  of  Public  Instruction  such  data  as  may 
be  needed  in  making  such  estimate  and  apportionment.  It  shall  be 
the  duty  of  the  Superintendent  of  Public  Instruction,  as  soon  as 
practicable,  to  file  such  a  copy  of  said  estimate  and  apportionment 
with  the  auditor,  and  to  inform  each  county  superintendent  of  the 
amount  to  which  each  school  district  of  his  county  shall  be  entitled. 
Whatever  difference  may  exist  between  the  estimated  and  the  act- 
ual revenue  of  the  school  fund  for  any  school-year  shall  be  taken 
into  the  account  of  the  estimate  and  apportionment  for  the  suc- 
ceeding school-year.  If  the  pro  rata  share  of  any  school  be  not 
called  for,  after  the  second  school-year,  it  shall  be  covered  into  the 
treasury,  and  be  placed  to  the  credit  of  the  school  fund  for  general 
apportionment  the  following  school-year.  When  any  school  district 
in  any  school-year  shall  have  failed  to  rise  all  or  any  part  of  the 
money  due  it  for  such  school-year,  such  district  shall  be  entitled  to 
said  money  for  the  next  school-year,  provided  the  term  of  the  com- 
mon school  for  that  year  shall  be  extended  for  such  proportion  of 
a  term  as  the  said  accumulated  money  bears  to  the  said  amount 
due  said  district  in  the  year  in  which  said  money  is  paid.  A  de- 
tailed statement  of  the  surplus  amount  to  which  each  county  is 
entitled  shall  be  made  out  by  the  Superintendent  of  Public  Instruc- 
tion, and  filed  and  preserved  in  his  office.  The  bonded  surplus  in 
the  State  treasury  to  the  credit  of  the  counties  shall  bear  interest 
at  the  rate  of  (\  per  cent,  per  annum,  and  the  per  capita  derived  from 


1JOAIII)  OF    KI)rr.\TION.  13 

said  interest  shall  be  duly  apportioned  to  the  white  and  the  colored 
schools  of  the  county  respectively,  and  be  paid  as  provided  in  the 
following  section:  /Yor/VfY/,  That  when  any  county  heretofore  es- 
tablished out  of  territory  belonging  to  a  county  or  counties  having 
a  surplus  which  has  not  been  apportioned  among  said  counties, 
and  when  any  new  county  shall  hereafter  be  established  out  of 
territory  belonging  to  a  county  or  counties  having  such  a  surplus, 
then  the  Superintendent  of  Public  Instruction  shall  apportion  such 
surplus  among  the  original  and  new  counties  in  an  equitable  man- 
ner. 

§14.  [Successive   Warrants    Distributing  School 

Fund.]  — For  each  school-year  the  Auditor  of  Public  Accounts 
shall,  on  the  successive  warrants  of  the  Superintendent  of  Public 
Instruction,  distribute  the  amount  of  the  school  fund  due1  each 
county  to  its  county  superintendent  of  common  schools,  and  the 
amount  due  each  city,  town  or  village,  organized  as  one  district 
to  the  treasurer  of  the  school  board  thereof,  as  follows:  On  or  be- 
fore the  first  of  October,  two-fifths  of  the  whole  amount;  on  or  before 
the  tirst  of  November,  one  fifth  of  the  whole  amount;  on  or  before 
the  first  of  December,  one-fifth  of  the  whole  amount,  and  on  or  be- 
fore the  iirst  of  January,  the  residue,  including  the  undistributed 
surplus  and  interest  on  the  county  bond. 


III.    BOARD  OF  EDUCATION. 


15.  Members,  character,  name  and  style 
of  the  Board  of  Education. 

16.  Power  of  board   in    regard   to  real 
and  personal  estate. 

17.  Chairman  and  quorum  of  board. 

18.  Meetings  of  the  board  only  on  the 
written  call  of  the  chairman. 

10.  Corporate  acts. 


20.  Board,  a  standing  committee  to  pre- 
pare    rules,    by-laws    and*  regula- 
tions- for   common  schools,  and   to 
select    and    recommend    course    of 
stady,   books    for   county   and  dis- 
tinct    libraries ;    duties    of    county 
superintendents     and     of    trustees. 

21.  Subjects    of    instruction    prescribed 
bv  the  board. 


§15.  [HOW  Constituted.]— Tlie  Superintendent  of  Public 
Instruction,  together  with  the  Secretary  of  State  and  Attorney- 
general,  shall  constitute  the  State  Hoard  of  Education.  The 
board  thus  constituted  shall  be  a  body-politic  and  corporate,  by  the 
name  and  style  of  the  Kentucky  State  JJoard  of  Education. 

§16.  [Powers   as  to   Real    and   Personal   Estate— 

Custodian   Of   Evidences .]— The  corporation  may  take,  hold 
and  dispose  of  real  or  personal  estate  for  the  benefit  of  the  common 


14  BOARD  OF  EDUCATION. 

schools  of  the  State.  The  bonds,  certificates  of  stock,  and  other 
evidences  of  property  held  by  the  board  for  common  school  pur- 
poses, shall  be  in  the  custody  of  the  chairman,  and  the  place  of  de- 
posit shall  be  shown  by  the  records  of  the  board. 

§  17.  [Chairman— Quorum.]-— The  Superintendent  of  Pub 
lie  Instruction  shall  be  chairman  of  the  board,  and,  with  one  other 
member,  may  control  its  corporate  action  at  any  regular  or  called 
meeting  of  the  board,  of  which  all  of  the  members  shall  have  had 
timely  notice  in  writing. 

§18.  [Meeting's— How  Called.]— The  board  shall  meet 
only  on  the  written  call  of  the  chairman. 

§19.  [Corporate  Acts.] — The  corporate  acts  of  the  board 
shall  be  attested  by  the  signature  of  the  chairman,  and  his  private 
seal  shall  stand  in  lieu  of  a  corporate  seal. 

§20.[Standing- Committee.]— The  State  Board  of  Educa- 
tion shall  constitute  a  standing  committee,  who  shall  prepare  rules, 
by-laws  and  regulations  for  the  government  of  the  common  schools 
of  the  State,  which  shall  be  adopted  and  enforced  under  the  authority 
and  direction  of  the  county  superintendents,  trustees  and  teachers ; 
shall  prescribe  regulations  for  the  management  of  county  teachers' 
libraries,  and  prepare  suitable  lists  of  books  for  district  libraries, 
with  regulations  for  the  management  thereof;  shall  prescribe 
and  publish  a  public  graded  course  of  study  for  the  common  schools, 
specifying  the  order  of  studies,  and  the  time  to  be  allotted  to  each, 
which  course  of  study  .shall  be  observed  by  the  teacher  and  enforced 
by  the  trustees. 

§21.  [Course  of  Study.] — The  instruction  prescribed  by 
the  board  shall  embrace  spelling,  reading,  writing,  arithmetic,  Eng- 
lish grammar,  English  composition,  geography,  physiology  and  hy- 
giene, civil  government,  United  States  history  and  the  history  of 
Kentucky.  After  July  1,  1893,  the  nature  and  effects  of  alcoholic 
drinks  and  narcotics  upon  the  human  system  shall,  in  all  schools 
supported  wholly  or  in  part  by  the  State,  be  taught  as  thoroughly 
as  other  required^ studies  to  all  pupils  studying  physiology  and  hy- 
giene as  a  part  of  this  branch. 


SUPERINTENDENT   OF   PUBLIC  [NSTRUCTION. 


15 


IV.     SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


22.  Official  oath  and  beginning  of  term 

of  office. 

23.  Salary,  supplies  for  office,  and  num- 

ber'and  appointment  of  clerks. 

24.  State  Board  of  Examiners. 

25.  Office  at  seat  of  government;  entire 

time  and  attention  must  be  de- 
voted to  the  duties  of  his  office. 

26.  Duties  in  respect  to  all  orders  drawn, 

settlements,  and  all  changes  in 
office  of  county  superintendents. 

27.  Biennial   report,    when   it   shall  be 

made,  what  it  shall  contain,  and 
its  publication  and  distribution. 

28.  In   report,  objects,  methods   of  ad- 

mission, etc.,  of  State  educational 
charitable  institutions  shall  be  set 
forth. 

29.  Evidence     of    certified     copies    of 

records  and  papers   in    his  office. 

30.  Official     blanks     and     documents, 

with  instructions,  as  provided  by 
law. 

31.  Shall  biennially  edit  school  laws. 


§  32.  Duty  to  report  to  County  Attorney, 
any  neglect  of  duty  or  misappro- 
priation of  common  school  funds 
on  the  part  of  any  of  the  school 
officers. 

33.  Shall  have  published  for  annual  dis- 

tribution ;  the  general  school  laws, 
abstracts  of  decisions  of  the  Ap- 
pellate Courts  and  of  the  Attor- 
ney-General, on  school-law,  etc. 

34.  Official  decisions  on  any  question  of 

difference  or  doubt  in  the  interest 
of  common  schools,  and  record  of 
decisions  to  be  kept. 

35.  Duty  in   regard  to    any  donation, 

gift,  of  devise  to  common  school 
fund;  duty  of  agent,  compensa- 
tion and  liability  on  bond;  spe- 
cial conditions,  of  any  donation, 
etc.,  shall  be  observed. 

36.  On     retiring     from     office,    official 

books,  papers  and  effects  must  be 
delivered  to  successor ;  penalty 
for  failure. 


§  22.  [Oath— Bond— Beginning  of  Term.]— The  Super- 
intendent of  Public  Instruction  shall  take  the  oath,  and  enter  upon 
the  duties  of  his  office,  on  the  first  Monday  in  January  after  his 
election,  and  shall  give  bond  to  the  Commonwealth,  with  good 
security,  for  the  faithful  performance  of  his  duties,  to  be  approved 
by  the  Governor,  with  at  least  twenty-five  thousand  dollars,  the 
bond  to  be  filed  in  the  office  of  Secretary  of  State. 

§23.  [Salary— Office  Supplies— Clerks.]— His  sal- 
ary shall  be  two  thousand  five  hundred  dollars  per  annum;  besides 
which,  he  shall  be  entitled  to  all  office  fixtures,  stationery,  books, 
postage,  fuel  and  lights  needed  to  carry  on  the  work  of  his  office. 
He  shall  have  power  to  appoint  three  clerks,  namely :  A  chief  clerk, 
whose  salary  shall  be  fifteen  hundred  dollars  per  annum;  a  first 
clerk,  whose  salary  shall  be  one  thousand  dollars  per  annum,  and  a 
second  clerk,  whose  salary  shall  be  eight  hundred  and  fifty  dollars 
per  annum.  Said  salaries  to  be  paid  monthly  out  of  the  common 
school  fund. 

§24,  [State  Board  of  Examiners.]— The  Superintendent 
of  Public  Instruction  shall  appoint  two  professional  educators,  who, 
together  with  himself,  shall  constitute  a  State  Board  of  Examiners, 
who  shall  examine  all  applicants,  personally  applying  to  them  for 
certificates  of  qualification  as  county  superintendents,  or  for  State 


16  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

diplomas  or  State  certificates.  The  said  Board  of  Examiners  shall 
prepare  the  series  of  questions  for  the  examination  of  candidates 
for  county  superintendents,  as  provided  in  section  37  of  this  chap- 
ter, and  also  the  different  series  of  questions  for  the  examination  of 
teachers  as  provided  in  section  133  of  this  chapter,  and  before  for- 
warding to  the  county  superintendents,  shall  submit  all  of  the  said 
series  to  the  State  Board  of  Education  for  their  approval. 

§25.  [Office  and  Work.]— He  shall  keep  his  office  at  the 
seat  of  government,  in  such  suitable  buildings  as  may  be  provided, 
and  shall  devote  his  entire  time  and  attention  to  the  duties  of  his 
office. 

§26.  [Accounts— Settlements— Changes  of  County 
Superintendent.]  —  He  shall  keep  an  account  of  all  the  orders 
drawn  or  countersigned  by  him  on  the  auditor;  of  all  the  returns  of 
settlements,  and  of  all  changes  in  the  office  of  county  superintend- 
ents, which  shall  be  furnished  to  the  auditor  whenever  required. 

§  27.  [Biennial  Report.] — Pie  shall,  biennially,  on  or  before 
the  meeting  of  the  General  Assembly,  make  report  of  the  condition, 
progress  and  prospects  of  the  common  schools;  the  amount  and  con- 
dition of  the  school  fund;  how  its  revenue  for  the  two  previous 
school  years  has  been  distributed;  the  amount  produced  and  dis- 
bursed for  common  school  purposes  from  local  taxation  or  other 
sources,  and  how  and  for  what  the  same  was  expended;  an  abstract 
of  the  county  superintendent's  reports,  the  practicable  workings  of 
the  common  school  system  of  the  State,  with  suggestions  as  to  any 
alterations  it  may  require;  all  of  which,  together  with  such  other 
facts,  statistics  and  information,  as  may  be  deemed  of  interest  to  be 
known,  he  shall  deliver  to  the  contractor  for  the  public  printing, 
and  cause  to  be  printed  a  copy  for  eao*~_  school  district,  and  for  each 
county  and  city  superintendent  of  schools  in  the  State,  seven  hun- 
dred and  fifty  copies  for  the  use  of  the  members  of  the  General  As- 
sembly and  for  exchange  with  the  Superintendents  of  Public  In- 
struction of  other  States,  and  five  hundred  copies  for  distribution 
by  the  superintendent  according  to  his  discretion. 

§28.  [Educational    Charitable    Institutions.] -The 

superintendent,  in  his  report,  shall  set  forth  the  objects,  methods 
of  admission,  and  other  general  information  concerning  the  institu- 
tions for  the  blind,  the  deaf  and  dumb,  and  the  feeble-minded;  and, 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION.  \J 

to  aid  him  in  his  work,  the  superintendent  of  those  institutions  shall 
be  required,  annually,  by  the  first  day  of  September,  to  furnish  the 
Superintendent  of  Public  Instruction  with  such  condensed  state- 
ment of  their  respective  institutions  as  it  would  be  profitable  to 
publish. 

§  29,  [Of  Certified  Copies  of  Records,  etc.]  -Copies 
of  records  and  papers  in  his  office,  certified  by  him,  shall,  in  all  cases, 
be  evidence  equally  with  the  originals. 

§  30.  [Blanks  — Official  Documents  Instruc- 
tions.]— He  shall  prepare  suitable  blanks  for  reports,  registers, 
certificates,  notices,  and  such  other  official  documents  as  may  be 
provided  for  in  this  chapter,  and  shall  cause  the  same,  with 
such  instructions  and  information  as  he  may  deem  necessary 
to  a  proper  understanding  and  use  of  them,  to  be  trans- 
mitted to  the  officers  and  persons  intrusted  with  the  execution  of 
the  provisions  of  the  school  law. 

§31.  [Shall  Biennially  Edit  Laws.]— The  Superinten- 
dent of  Public  Instruction  shall  biennially  collect,  arrange  for  pub- 
lication and  index  the  school  laws,  omitting  all  that  has  been  re- 
pealed, and  inserting  in  its  proper  place  that  which  is  amendatory. 

§32.  [Report  Neglect  of  Duty,  Etc.]— It  shall  be  his 
duty  to  report  any  neglect  of  duty  or  any  misappropriations  of  com- 
mon school  funds  on  the  part  of  the  county  superintendents  or  trus- 
tees of  common  schools  in  this  Commonwealth  to  the  county  attor- 
ney, whose  duty  it  shall  be,  whenever  such  neglect  of  duty  or  mis- 
appropriations of  funds  shall  come  to  his  knowledge,  to  prosecute 
such  person  in  the  circuit  court  of  the  county. 

§33.  [Publications  for  Annual  Distribution.]— 
He  shall  have  published,  for  annual  distribution  throughout  the 
State,  the  general  school  laws  of  the  State,  abstracts  of  the  deci- 
sions of  the  appellate  courts  and  of  the  Attorney-General,  on  points 
of  school  law  and  construction  thereof,  decisions,  rules  and  regula- 
tions of  the  State  Board  of  Education  and  of  the  State  Board  of 
Examiners,  plans  and  specifications  for  building  schoolhouses;  in- 
formation and  instructions  in  regard  to  application  of  the  school 
law  and  the  management  of  the  common  schools,  important  official 
and  legal  periods  of  the  school  year,  with  due  notice  thereof;  and 
such  other  important  facts  and  data  as  may  be  of  interest  to  the 
public.  Acts  of  1894. 
2 


18  SUPERINTENDENT  OF  PUPLIC  INSTRUCTION. 

§34  [Official  Decisions— Appeals— Records.]— The 

Superintendent  of  Public  Instruction  shall,  at  the  written  request 
of  any  county  superintendent  of  common  schools,  decide  any  ques- 
tion of  difference  or  doubt  touching  the  administrative  duties  of 
officers  and  teachers  of  the  common  schools  in  his  county.  The  de 
cision  of  the  Superintendent  of  Public  Instruction  shall,  in  such 
case,  be  final,  unless  appeal  be  prosecuted  from  his  decision  to  the 
State  Board  of  Education  within  thirty  days.  Before  rendering 
such  opinion,  the  superintendent  may  obtain  the  advice  of  the  At- 
torney-General, whose  opinion,  in  writing,  shall  be  conclusive  for  the 
time,  and  sufficient  defense  against  all  parties.  The  decisions  of 
the  Superintendent  of  Public  Instruction,  and  the  opinion  of  the  At- 
torney-General, shall  be  duly  filed  and  duly  recorded  in  a  book  kept 
for  that  purpose.. 

§35,  [Duty  in  Case  of  Donation,  Gift  or  Devise-]— 
Whenever  he  shall  be  informed  that  any  donation,  gift  or  devise 
of  any  real  or  personal  estate  shall  have  been  made  to  the  common 
school  fund  of  Kentucky,  it  shall  be  the  duty  of  the  Superintendent 
of  Public  Instruction  to  appoint  some  discreet  person,  who  shall  take 
charge  of  the  real  or  personal  estate  so  granted,  devised  or  donated, 
and  sell  and  dispose  of  the  same,  and  pay  the  proceeds  into  the 
State  treasury.  Before  said  agent  so  appointed  by  the  Superintend- 
ent of  Public  Instruction  shall  proceed  to  act,  he  shall  give  a 
bond,  with  good  security,  to  the  Commonwealth,  for  the  faithful 
discharge  of  his  duties,  as  agent.  Said  bond  shall  be  given  in  the 
county  in  which  the  donor,  grantor  or  devisor  shall  have  died,  or  in 
the  county  in  which  the  property  is  situated,  the  bond  to  be  executed 
in,  and  approved  by,  the  county  court.  The  person  so  appointed 
shall  make  a  settlement  with  the  county  court  of  his  county  once 
in  each  year,  and  shall  pay  into  the  treasury  the  amount  found  in 
his  hands  after  said  settlement.  The  court  shall  allow  said  person 
areasonable  compensation  for  collecting  andpayingover  said  money, 
not  exceeding  ten  per  cent,  on  the  first  five  hundred  dollars,  and  five 
per  cent,  on  the  residue,  which  amount  said  person  shall  retain  in 
his  hands  out  of  the  money  collected.  For  any  failure  of  the  person 
so  appointed  to  discharge  the  duties  under  this  law,  he  and  his 
sureties  shall  be  liable  to  all  damages  sustained,  and  for  all  money 
collected,  with  twenty  per  cent,  damages  on  the  amount  so  collected, 
and  which  he  has  failed  to  pay  over.  The  suit  on  the  bond  shall 


-I    PERINTBNDENT  <>p  PUBLIC  INSTRUCTION.  19 

be  brought  in  the  name  of  the  Commonwealth  of  Kentucky,  and 
shall  be  instituted  by  the  Commonwealth's  attorney,  or  county  at- 
torney. The  person  appointed  by  the  Superintendent  of  Public  In- 
struction shall  have  the  same  power  in  collecting  and  settling  the 
estate  as  an  administrator  or  executor  now  lias  by  law;  may  institute 
and  defend  all  suits  in  reference  to  said  estate,  and  sell  and  convey 
the  real  estate  by  deed.  The  amount  of  money  paid  into  the  treas- 
ury under  the  provisions  of  this  section  shall  remain  there  until 
disposed  of  by  law,  and  the  treasurer  and  his  sureties  shall  be  liable 
for  the  same  on  his  official  bond.  This  section  shall  apply  to  all 
gifts,  donations  or  devises  heretofore  or  hereafter  made  to  the 
school  fund  of  Kentucky.  But  the  provisions  of  this  section  shall 
not  apply  to  cases  where  the  terms  or  conditions  of  the  devises, 
gifts  or  donations  conflict  with  said  provisions;  but,  in  such  cases, 
the  terms  or  conditions  of  the  devise,  grant  or  donation  shall  be 
carried  out  as  intended  by  the  person  making  the  same. 

§36.  [Duty  to  Successor.] — Upon  retiring  from  office,,  the 
Superintendent  of  Public  Instruction  shall  deliver  to  his  successor 
all  books,  papers  and  effects  belonging  to  the  office;  and,  on  failure 
to  do  so,  shall  be  fined  in  a  sum  not  less  than  one  hundred  nor  more 
than  five  hundred  dollars,  to  be  recovered  by  indictment  in  the 
Franklin  Circuit  Court. 


20 


COUNTY  SUPERINTENDENT. 


V.     COUNTY  SUPERINTENDENT. 


37.  Moral,  professional,  and  civil  quali- 

fications. 

38.  Who  ineligible. 

39.  Election;  term  of  office;  residence. 

40.  Official  bond — amount,    and   when 

renewed, 

41.  Power  in  regard  to  laying  off,  alter- 

ing, abolishing,  consolidating  and 
laying  off  anew  school  districts; 
shall  condemn  any  school-house 
unfit  for  occupancy  as  a  common 
school,  and  notify  the  trustees  in 
writing ;  shall  visit  at  least  once 
a  year  each  district  school,  keep 
due  record  of  his  visit,  and  shall 
advise  with  teachers  and  counsel 
with  Trustees  concerning  their  re- 
spective duties. 

42.  Must  prepare  annually,  and  forward 

to  Superintendent  of  Public  In- 
struction a  census  report,  by  school 
districts,  of  all  the  pupil-children 
of  his  county;  shall  be  individually 
responsible  for  any  loss  to  Teacher 
for  any  error  of  his  own,  in  report- 
ing said  census ;  report  based  upon 
reports  of  district  Trustees ;  duty 
in  absence  of  such  reports. 

43.  Must  take  steps  to  supply  indigent 

children  with  text-books. 

44.  Must    furnish    facts    additional    to 

those  expressly  required  by  law, 
when  the  interests  of  the  common 
schools  indicate  the  necessity  there- 
for. 

45.  "When  shall  pay  Teachers  amounts 

due  them  on  certificates  of  Trus- 
tees that  the  schools  had  been  duly 
taught;  privilege  in  cities  and 
towns  organized  as  one  district; 
President  or  Chairman  of  Board  to 
report ;  accountability  of  Treasurer 
and  his  securities  in  any  action  by 
School  Board. 

46.  Penalty  for  false  reports  of  number 

of  common  schools  taught  in  coun- 
ty greater  than  actually  taught,  or 
of  a  larger  number  of  pupil-chil- 
dren than  are  actually  in  the  coun- 
ty, or  otherwise  knowingly  and 
willfully  misstating  any  fact  or 
facts  required  by  law  to  report. 

47.  Annual  settlement  of  accounts  with 

County  Judge;  a  copy  to  be 
forwarded  to  Superintendent  of 
Public  Instruction ;  penalty  for 
willful  failure. 

48.  Annual  report  of  statistics  of  schools 

and  of  amount  raised  locally  and 
disbursed  for  common  school  pur- 
poses ;  amount  received  for  official 
compensation  and  expenses;  pen- 
alty for  failure. 


§  49.  Shall  keep  a  detailed  account  of  all 
money  received  and  distributed  by 
him;  a  record  of  all  official  busi- 
ness, etc.,  which  shall  be  subject 
to  inspection. 

50.  Any  devise,  gift,  or  donation,  in  aid 

of  common  schools  in  county,  to  be 
held  in  trust ;  settlement  to  be  duly 
made  and  copy  sent  to  Superin- 
tendent of  Public  Instruction. 

51.  May  administer  oath   required  of  a 

Trustee  or  of  a  Teacher  of  common 
schools,  or  of  other  persons  in  mat- 
ters relating  thereto. 

52.  Oath  to  Trustees  elect ;    shall  make 

record  of  trustees  qualified,  and 
of  district  and  post-office  of  each ; 
deliver  blanks  and  needed  infor- 
mation; force  of  notice  to  Trus- 
tees. 

1  53.  Duty  as  to  attendance  at  office  to  re- 
ceive reports  from  Trustees  and  to 
transact  other  official  business. 

54.  Penalty  for  buying   for  himself  or 

for  another, directly  or  indirectly^ 
any  Teacher's  claim,  or  for  acting 
as  agent  for  the  sale  of  any  text- 
book. 

55.  When   authorized  to  suspend  or  re- 

move any  Teacher  or  Trustee  from 
office;  exception  in  cities  and 
towns  organized  as  one  district; 
shall  supply  a  vacancy  from  any 
cause  in  either  of  said  offices  by  ap- 
pointment as  soon  as  practicable. 

56.  Shall  decide  all  questions  of  difference 

or  doubt  having  reference  to  in- 
terests of  common  schools  in  his 
county ;  appeals  may  be  had  to 
Board  of  Education;  shall  con- 
form to  reasonable  rules  and  re- 
quirements of  Superintendent  of 
Public  Instruction. 

57.  Salary  for  all  services  rendered  and 

expenses  incurred ;  condition ;  sal- 
ary, how  paid ;  shall  state  full 
amount  in  report  to  Superintend- 
ent of  Public  Instruction;  fiscal 
court  shall  furnish  office. 

58.  In  event  of  vacancy  in  office,  appoint- 

ment of  successor  duly  qualified, 
by  County  Judge  until  next  an- 
nual election ;  when  and  for 
what,  County  Court  competent  to 
remove  County  Superintendent  ; 
appeals  may  be  taken. 

59.  Shall  deliver  money,  property,books, 

effects,  and  papers,  to  successor,  or 
to  County  Court  Clerk,  for  .him 
penalty  for  failure. 


COUNTY  SUPERINTENDENT.  21 

§  37.  [Qualifications  —  Certificate.]— There  shall  be  a 
county  superintendent  of  common  schools  in  each  of  the  counties 
of  the  State,  who  shall  be  possessed  of  moral  character  and  of 
ability  to  manage  the  common  school  interests  of  the  county  effici- 
ently. He  shall  possess  a  good  English  education,  and  shall  be 
competent  to  examine  the  teachers  who  shall  apply  to  teach  the 
common  schools  in  the  county.  He  shall  be  twenty-four  years  old 
at  the  time  of  qualifying,  a  citizen  of  Kentucky,  shall  have  resided 
two  years  next  preceeding  the  election  in  this  State,  and  one  yeai 
in  the  county  for  which  he  is  a  candidate.  No  person  shall  be  eli- 
gible to  the  office  of  county  superintendent  unless  he  shall  hold  from 
the  State  Board  of  Examiners  a  State  diploma  or  a  State  certificate, 
which  will  not  expire  during  his  proposed  term  of  office,  or  a  certi- 
ficate of  qualification  of  the  grade  of  a  county  certificate  of  the  first 
class,  which  may  be  granted  on  an  examination  held  before  said 
board,  or  upon  a  written  examination  held  by  a  special  county 
board,  composed  of  the  county  judge,  county  clerk  and  competent 
person  selected  by  them,  upon  a  series  of  questions  for  each  ex- 
amination prepared  and  forwarded  under  seal  by  the  State  Board 
of  Examiners.  The  State  Board  of  Examiners  shall  enclose  the 
questions  upon  each  subject  in  a  separate  envelope,  with  the  name 
of  the  subject  printed  or  written  therein;  shall  securely  seal  the 
envelope  containing  the  said  questions  and  enclose  them  in  a  pack- 
age, which  shall  be  sealed  and  forwarded  by  registered  mail  to 
the  county  clerk,  and  shall  be  kept  under  seal  by  him  till  the  hour 
of  examination;  and  the  seal  shall  then  be  inspected  by  the  other 
examiners  and  the  applicants  for  certificates,  and  be  duly  opened 
in  their  presence.  In  case  of  sickness  or  other  disability  of  either 
the  county  judge  or  county  clerk,  his  duties  herein  prescribed  shall 
devolve  upon  and  be  performed  by  the  county  attorney.  The  ex- 
amination shall  be  held  in  every  county  on  the  last  Friday  in  July 
and  August  next  preceding  the -election  of  county  superintendents, 
and  the  examination  may  be  continued  during  the  following  Sat- 
urday by  examiners,  if  deemed  necessary.  The  examination  shall 
be  held  in  every  county  on  the  last  Saturday  in  July  next  preceding 
the  election  of  county  superintendents,  and  the  written  answers  of 
each  examination  shall  immediately  be  forwarded  by  the  county 
judge  or  county  clerk,  by  registered  mail,  to  the  State  Board  of 


22  COUNTY  SUPERINTENDENT. 

Examiners,  together  with  a  fee  of  two  dollars,  which  shall  be  paid 
to  the  two  examiners,  and  the  sworn  statements  of  the  county  judge, 
county  clerk,  and  the  persons  selected  by  them,  that  the  examination 
had  been  conducted  in  their  presence  in  strict  accordance  with  the 
provisions  of  this  section,  and  that  no  applicant  had,  directly  or  in- 
directly, received  assistance.  The  State  Board  of  Examiners  may, 
if  they  deem  the  answers  sufficient,  grant  a  certificate;  and  if  they 
refuse,  it  shall  notify  the  county  clerk,  and  no  certificate  can  then  be 
granted  said  applicant  for  the  election  then  pending.  The  said 
certificate  shall  not  entitle  the  holder  thereof  to  teach  in  the  com- 
mon schools.  A  county  superintendent,  who  has  once  obtained  a 
certificate  of  qualification  in  pursuance  of  this  section,  shall  not 
be  required  to  obtain  another  certificate  as  a  condition  of  eligibility 
for  re-election,  if  he  has  been  continuously  in  office  since  his 
election.  The  members  of  the  special  county  board  shall 
receive  for  their  services  a  reasonable  compensation,  to  be  allowed 
by  the  fiscal  court.  In  counties  embracing  any  city  of  the  first  class, 
maintaining  a  system  of  public  schools  separate  and  distinct  from 
the  common  schools  of  the  county,  no  person  shall  be  eligible  to  the 
office  of  county  superintendent  other  than  a  resident  of  such  coun- 
ty, outside  of  such  city  or  town.  Acts  of  1894. 

§38.  [Who  Ineligible.] — No  county  judge,  justice  of  the 
peace,  circuit  clerk,  county  clerk,  county  attorney,  county  surveyor, 
sheriff,  coroner,  assessor,  trustee  of  a  common  school  district, 
or  teacher  wrhile  engaged  in  teaching,  shall  hold  the  office  of  county 
superintendent. 

§39.  [Election— Term  of  Office.]— The  county  superin- 
tendent shall  be  elected  by  the  qualified  voters  of  each  county  at 
the  November  election  in  1893;  shall  enter  upon  the  discharge  of 
the  duties  of  his  office  on  the  second  Monday  in  August,  1894,  and 
continue  in  office  until  the  first  Monday  in  January,  1898,  and  until 
the  election  and  qualification  of  his  successor.  And  in  1897,  and 
every  four  years  thereafter,  there  shall  be  in  each  county  an  elec- 
tion of  a  county  superintendent,  who  shall  hold  his  office  four  years 
from  the  first  Monday  in  January  following  his  election,  or  until  the 
election  and  qualification  of  his  successor.  The  county  superin- 
tendent shall  be  elected,  and  the  vote  canvassed  and  the  result  cer- 
tified by  the  same  officers,  and  in  the  same  manner,  as  in  the  election 


COU  N  T  Y   >  T  I '  K 1 1 1  N  T  K  N  I )  K  X  T.  23 

of  other  county  officers;  and  within  ten  days  after  the  election  the 
clerk  of  the  county  court  shall  forward  a  copy  of  the  certificate  of 
election  to  the  Superintendent  of  Public  Instruction.  All  county 
superintendents  in  office  at  the  time  of  the  November  election,  1893, 
shall  continue  in  office  until  the  second  Monday  in  August,  1894, 
or  until  their  successors  are  elected  and  qualified.  In  cases  of 
controverted  right  to  the  office  of  county  superintendent,  the  Super- 
intendent of  Public  Instruction  shall  have  power  to  recognize  a 
superintendent  from  among  the  contestants  until  the  case  has  been 
settled:  Provided,  That  in  counties  containing  a  city  of  the  first 
class  maintaining  a  system  of  public  schools  separate  and  distinct 
from  the  common  schools  of  the  county,  the  county  superintendent 
shall  reside  in  the  portion  of  the  county  outside  of  such  city,  and 
be  elected  by  the  qualified  voters  of  said  county  residing  outside  of 
such  city. 

§  40,  [Official  Bond.] — Before  entering  upon  the  discharge 
of  his  duties,  each  county  superintendent  must  enter  into  a  cove- 
nant before  the  county  court  of  the  county,  to  the  Commonwealth 
of  Kentucky,  with  sufficient  security,  in  not  less  than  the  full 
amount  of  the  school  fund  that  may  be  due  the  county  from  all 
sources  for  that  entire  school  year,  to  be  approved  by  the  court, 
for  the  faithful  discharge  of  his  duties,  and  the  said  bond  shall  be 
renewed  each  year. 

§41.  [Power  over  Districts— Unfit  School-Houses 
—Official  Visits.]—  The  county  superintendent  shall  have 
power,  previous  to  the  first  day  of  April  of  each  year,  to  lay  off, 
abolish  or  consolidate  districts,  and,  if  necessary,  may  lay  oft 
anew  the  districts  throughout  the  county.  He  shall  condemn  any 
schoolhouse  which  is  dilapidated',  unhealthy,  or  otherwise  unfit 
to  be  occupied  for  the  purpose  of  a  common  school,  and  any  fence 
or  other  inclosure  of  a  schoolhouse,  when  such  inclosure  is  for  any 
reason  insufficient  for  the  protection  of  the  house  or  ground.  He 
shall  condemn  all  school  furniture  or  apparatus,  insufficient  in 
quantity  or  not  of  the  required  character,  and  order  the  same  re- 
placed with  the  proper  furniture  or  apparatus  as  prescribed  in  sec 
tion  78.  He  shall,  within  thirty  days  after  any  such  condemnation, 
notify  the  trustees  in  writing.  He  shall,  at  least  OTK-<>  a  year,  make 
an  official  visit  to  each  district  school  of  his  countv,  but  shall  not 


24  COUNTY  SUPERINTENDENT. 

make  more  than  three  such  official  visits  in  any  one  day.  At  the 
time  of  such  visit  he  shall  note  in  a  book,  to  be  kept  for  that  pur- 
pose, the  number  of  pupils  in  attendance;  the  number  absent,  and 
the  cause  of  absence;  the  names  of  children  unable  to  purchase 
books;  the  condition  of  the  sichoolhouse,  furniture,  apparatus, 
grounds  and  appurtenances;  the  qualification  and  efficiency  of  the 
teacher;  the  conduct  and  standing  of  the  pupils;  the  method  of  in- 
struction; the  discipline  and  government  of  the  school.  In  the 
visits  to  the  school  he  shall  advise  with  the  teachers  and  give  them 
such  instruction  regarding  discipline  and  teaching  as  he  may  deem 
necessary.  He  shall  counsel  the  trustees  and  see  that  they  dis- 
charge their  duties,  especially  in  securing  full  and  regular  attend- 
ance. He  shall  admonish  the  teacher  found  remiss  of  duty  in  the 
matter  of  cleanliness  of  house,  preservation  of  furniture  and  necess- 
ary ventilation,  and  complain  to  the  trustees  in  cases  of  gross 
neglect  of  duty  in  these  respects.  He  shall  examine  the  teacher's 
register  and  grade  book,  and  the  trustees'  register;  if  the  boundary 
of  the  district  is  not  correctly  given,  he  shall  write  it  in  said  book 
himself,  see  that  the  records  are  properly  kept,  and  the  boundary 
of  the  district,  the  contract  with  the  teacher,  the  levy  of  a  tax,  if 
any,  and  the  official  visits  and  proceedings  of  the  trustees  are  properly 
recorded,  and  by  every  means  in  his  power  strive  to  promote  and 
advance  the  cause  of  common  schools. 

§42.  [Census  Report— Responsibility  for  Errors.] 
— It  shall  be  the  duty  of  each  county  superintendent,  on  or  before 
the  first  day  of  June  of  each  year,  to  prepare,  mail  to,  and  cause  to 
be  placed  in  the  hands  of  the  Superintendent  of  Public  Instruction 
a  report,  certified  by  the  county  judge  or  clerk  that  the  report  is 
a  correct  statement,  as  shown  from  the  census  on  file  in  the  office 
of  the  clerk  of  the  county  court,  showing  the  whole  number  of  chil- 
dren, between  the  ages  of  six  and  twenty  years  residing  in  his 
county,  and  the  whole  number  residing  in  each  district,  including 
each  city  and  each  independent  district,  described  by  its  number; 
and  he  shall  be  individually  responsible  to  the  teacher  or  the  dis- 
trict for  any  loss  sustained  by  said  teacher  or  district  by  reason  of 
any  error  made  by  the  said  superintendent  in  reporting  the  census 
thereof.  He  shall  superintend  the  census  taken  during  tlie  month 
of  April  by  the  trustees,  and  not  later  than  the  twentieth  of  March 


COUNTY  SUPERINTENDENT.  25 

of  each  year,  shall  notify  the  chairman  of  the  board  of  trustees  that 
the  boundaries  of  the  district  are  as  recorded  for  the  past  year  in 
the  trustees'  register;  or,  if  any  changes  have  been  made,  shall  give 
to  the  chairman  exact  notice  of  such  changes,  and,  in  due  time,  see 
that  the  said  changes  are  included  in  the  description  of  the  bound- 
ary entered  in  the  trustees'  register.  At  the  time  of  such  notice, 
he  shall  give  the  said  chairman  printed  or  written  instructions  for 
taking  the  census;  caution  him, against  reporting  persons  not  legally 
belonging  thereto,  and  calling  his  attention  to  section  85.  He 
shall  base  his  report  upon  the  census  taken  during  the  month  of 
April,  and  reports  thereof  made  to  him  by  the  district  trustees. 

If  such  reports  are  not  in  from  any  district  by  the  tenth  of  May, 

*• 
the  county  superintendent  shall  take,  or  have  the  census  of  such 

district  taken,  the  cost  of  which  shall  be  paid  out  of  the  county 
levy,  and  the  fiscal  court  may  recover  from  the  delinquent  trus- 
tees the  amount  so  paid. 

§43,  [Text  Books  for  Indigent  Children.]— It  shall 
be  the  duty  of  each  county  superintendent,  before  the  opening  of 
the  schools  each  year,  and  from  time  to  time,  by  personal  observa- 
tion or  from  trustees  and  teachers  and  otherwise,  to  ascertain  the 
number  and  cost  of  text-books  upon  each  of  the  common  school 
branches  needed  by  the  indigent  children  of  each  district  and  of  the 
county  for  use  in  the  common  schools,  and  shall  report  to  the  county 
judge  the  number  and  kind  of  books  needed,  when  the  county  judge 
shall  purchase  the  books  and  pay  for  them  by  an  allowance  made 
by  the  fiscal  court  of  the  county;  the  county  judge  shall  turn  them 
over  to  the  county  superintendent  for  distribution,  taking  receipt 
for  the  number  and  value  of  the  books,  but  the  cost  of  said  books 
shall  not  exceed  in  the  aggregate  one  hundred  dollars  in  any  coun- 
ty per  annum.  It  is  hereby  made  the  special  duty  of  the  county 
and  city  school  superintendent  of  common  schools  to  report  to  the 
Bounty  judge  the  names  of  all  such  indigent  children  furnished  them 
by  trustees,  and  to  see  that  the  provisions  of  this  section  are  faith- 
fully executed. 

§44.  [Additional  Facts  to  be  Reported.]— County 
superintendents  and  trustees  of  common  schools  shall  report  facts 
additional  to  those  now  required  to  be  reported,  whenever,  in  the 
judgment  of  the  board  or  of  the  Superintendent  of  Public  Instruo- 


26  COUNTY  SUPERINTENDENT. 

tion,  the  interests  of  the  common  schools  of  the  State  shall  indicate 
the  necessity  therefor. 

§  45.  [Payment  of  Teachers.]— Each  county  superintend- 
ent of  common  schools  shall,  on  the  second  Saturday  in  October, 
reckoning  school  months  of  twenty  days,  pay  the  amount  due  each 
teacher  of  a  common  school  for  the  month  or  months  completed, 
but  not  for  any  fraction  of  a  month,  except  as  provided  in  section 
135,  on  the  certificate  of  the  board  of  trustees  for  the  district  that 
the  school  has  been  legally  taught  for  that  period;  and  thereafter 
the  county  superintendent  shall,  on  the  second  Saturday  of  each 
calendar  month,  pay  the  salary  due  each  teacher  of  a  common 
school,  for  the  previous  school  month  or  months  not  previously  paid 
for,  on  the  certificate  of  the  chairman  of  the  board  of  trustees  for 
the  district  that  the  school  has  been  legally  taught  for  the  period 
specified:  Provided,  That  all  of  said  payments  shall  be  made  to 
the  teacher  personally  or  on  written  order,  and  at  the  last  pay- 
ment shall  be  for  the  entire  balance  due  the  teacher,  including  the 
undistributed  surplus  and  interest  on  the  county  bond;  and  that 
any  teacher  who  may  violate  his  contract  with  the  trustees  by  re- 
fusing to  continue  his  school,  shall  forfeit  any  fractional  salary  that 
may  be  due  him.  In  cities  and  towns  organized  as  single  districts, 
and  reporting  direct  to  the  Superintendent  of  Public  Instruction, 
the  provisions  of  this  section  shall  equally  apply,  or  such  city  or 
town  may  receive  in  January  the  whole  amount  due  it  if  it  shall 
so  desire.  In  either  case  the  president  or  chairman  of  the  school 
board  of  such  cities  or  towns  shall  make  the  report  required  of 
them  by  this  law,  under  oath,  direct  to  the  Superintendent  of  Pub- 
lic Instruction,  and  he  shall  draw  his  warrant  on  the  Auditor  of 
Public  Accounts  in  favor  of  the  treasurer  of  such  school  board, 
which,  when  approved  and  countersigned  by  the  Superintendent  of 
Public  Instruction,  shall  entitle  such  treasurer  to  a  warrant  on  the 
treasury  of  the  State  for  the  amount  thereof;  and  the  said  treasurer 
and  securities  shall  be  accountable  for  the  same  upon  his  official 
bond  in  any  action  by  such  school  board,  of  which  the  Superintend- 
ent of  Public  Instruction  shall  be  officially  notified. 

§46.  [Penalty  for  Fraudulent  Report  of  Com- 
mon Schools.] — Any  county  superintendent  who  shall  knowing- 
ly and  willfully  report  to  the  Superintendent  of  Public  Instruction 


COUNTY  SUPERINTENDENT-  27 

a  number  of  common  schools  as  having  been  taught  in  his  county 
greater  than  the  number  of  such  schools  actually  taught  therein 
according  to  law,  or  a  number  of  children  entitled  to  tuition  in  his 
county  greater  than  the  actual  number  of  such  children,  or  other- 
wise knowingly  and  willfully  mistates  any  fact  or  facts  which  he  is, 
or  may  be  hereafter,  required  by  law  to  report  to  the  Superintendent 
of  Public  Instruction,  shall  be  deemed  guilty  of  a  felony,  and,  upon 
conviction  thereof,  be  fined  in  a  sum  not  less  than  two  hundred 
nor  more  than  five  hundred  dollars,  or  imprisoned  in  the  penitentiary 
not  less  than  one  nor  more  than  ten  years,  Or  both  fined  and  im- 
prisoned, in  the  discretion  of  the  jury,  and  be  removed  from  office. 
And  all  sums  recovered  from  him  by  due  process  of  law,  or  by  vol- 
untary surrender  of  the  excess  taken  by  him,  shall  be  paid  into  the 
school  fund.  Acts  of  1894. 

§47.  [Annual  Settlement.] — Each  county  superintendent 
shall,  on  or  before  the  first  day  of  August,  annually,  settle  his 
accounts  for  the  previous  school  year  with  the  county  judge  of 
his  county,  and  forward  a  copy  of  said  settlement,  certified  by  the 
clerk  of  said  court  to  be  correct,  to  the  Superintendent  of  Public 
Instruction.  Said  settlement  shall  embrace  all  sums  received 
since  the  date  of  his  last  settlement  by  said  county  superintendent 
for  the  benefit  of  common  schools  taught  during  the  school  year; 
a  full  statement  of  all  such  sums  paid  out  by  him,  for  what,  to 
whom,  and  when  paid;  and  should  any  part  of  said  fund  received  by 
him,  as  aforesaid,  remain  uncalled  for,  and  not  be  paid  out,  he 
shall  immediately  refund  said  amount  to  the  State  treasurer,  stat- 
ing why  it  was  not,  for  and  to  what  district  it  belongs,  and  at  the 
same  time  notify  the  Superintendent  of  Public  Instruction  that  he 
has  refunded  the  said  amount,  that  he  may  give  said  county  super- 
intendent proper  credit  on  his  books  for  said  amount  refunded.  The 
receipt  of  the  auditor  for  money  refunded  shall  be  a  sufficient 
voucher  with  the  county  judge  in  said  settlement.  Should  the 
copy  of  such  settlement  fail  to  reach  the  Superintendent  of  Public 
Instruction  by  the  tenth  day  of  that  month,  it  shall  be  his  duty  to 
notify  the  county  judge  and  the  delinquent  county  superintendent 
of  the  fact;  and  upon  receiving  such  notification,  it  shall  be  the 
duty  of  the  judge,  in  case  the  settlement  shall  not  have  been  made, 
immediately  to  compel  a  settlement  by  attachment,  as  in  cases  of 


28  COUNTY  SUPERINTENDENT. 

contempt,  and  a  copy  thereof  to  be  forwarded  to  the  Superintend- 
ent of  Public  Instruction.  For  his  willful  failure  to  pay  out  to  those 
entitled  thereto  any  money  in  his  hands  for  the  space  of  thirty  days 
after  the  same  shall  be  received  by  him,  or  for  his  willful  failure  to 
make  the  aforesaid  settlement  by  the  time  required  by  law,  the 
county  superintendent  shall  be  guilty  of  misdemeanor,  and,  being 
indicted  and  convicted  thereof,  he  shall  be  fined  in  a  sum  not  less* 
than  one  hundred  nor  more  than  five  hundred  dollars,  as  well  as 
remain  liable  on  his  official  bond,  and  be  removed  from  office. 

§48.  [Annual  Report— Penalty  for  Failure.]-— He 
shall,  previously  to  the  first  of  September,  prepare  and  mail,  and 
cause  to  be  placed  in  the  hands  of  the  Superintendent  of  Public 
Instruction,  his  official  report,  showing,  in  tables  of  details  and 
aggregates,  the  school  districts  of  his  county  by  number;  the  names 
and  address  of  trustees  of  each  district,  with  date  at  which  each 
one's  term  expires;  the  districts  in  which  schools  were  taught,  and 
the  length  of  time  taught ;  the  highest,  lowest  and  average  number 
of  children  at  school ;  the  cost  of  tuition  of  each  child  for  the  session 
and  per  month;  the  number  of  private  schools,  academies  and  col- 
leges taught  in  the  county,  and  length  of  session  of  the  same;  the 
number  of  teachers  employed — male,  female  and  total — for  the 
common  schools;  the  average  wages  of  male  teachers,  female 
teachers,  and  of  total  teachers  per  month;  the  name  and  address 
of  teachers  resident  in  his  county,  with  grades  of  certificate  of  each ; 
the  amount  of  money  raised  for  common  school  purposes  in  the 
county,  by  local  tax  or  otherwise,  and  for  what  the  same  was  dis- 
bursed; the  number  and  kind  of  schoolhouses,  and  the  value  of  each; 
the  number  of  schoolhouses  built,  and  the  value  of  each;  the  number 
of  district  libraries;  also  county  library,  if  any,  and  number  of  vol- 
umes in  each,  and  the  increase  during  the  year;  the  amount  he  has 
received  for  official  compensation  and  expenses.  For  willful  failure 
to  be  present  at  his  office  at  the  time  appointed  to  receive  reports, 
or  for  failing  to  make  the  reports  herein  required,  he  shall  be  fined 
a  sum  not  exceeding  fifty  dollars. 

§  49.  [Official  Record.] — Each  county  superintendent  shall 
keep  a  detailed  account  of  all  money  received  and  distributed  by 
him;  a  record  of  all  business  transacted  by  him  as  county  superin- 
tendent, together  with  the  reports  of  the  trustees;  the  names,  num- 


COUNTY  SUPEKINTENDENT.  29 

bers  and  description  of  school  districts,  and  all  other  papers  and 
documents  connected  with  his  office,  at  all  times  subject  to  inspec- 
tion and  examination  by  any  school  officer  or  other  person  interested 
in  any  question  pertaining  to  the  common  schools. 

§50.  [Devise,  Gift  or  Donation.]— Any  devise,  gift  or 
donation  of  any  real  or  personal  estate  in  aid  of  the  common  schools 
of  any  county  of  this  State  shall  be  held  in  trust  by  the  county 
superintendent,  and  he  shall  be  required  to  make  settlement  in  re- 
gard thereto,  in  the  same  manner  in  which,  and  at  the  time 
when,  he  makes  settlement  in  regard  to  the  moneys  received  from 
the  revenue  of  the  school  fund;  and  he  shall  send  a  copy  of  such 
settlement  to  the  Superintendent  of  Public  Instruction. 

§  51.  [May  Administer  Oath.] — A  county  superintendent 
may  administer  the  oath  required  of  a  trustee  or  of  a  teacher  of 
common  schools,  or  other  persons  required  to  make  oath  in  mat- 
ters relating  thereto. 

§52.  [Oath  to  Trustees— Record  of— Blanks-Offi- 
cial Notices.] — He  shall  administer  the  oath  of  office  to-trus 
tees-elect  applying  to  him  for  that  purpose;  but  it  shall  be  lawful 
for  any  justice  of  the  peace,  or  other  person  authorized  to  administer 
oaths,  to  administer  the  oath  of  office  to  any  trustee;  but  said  oath 
shall  not  be  valid  unless  reported  in  writing  to  the  county  superin- 
tendent by  said  justice  or  other  person,  within  ten  days  from  the 
time  when  administered.  He  shall  make  a  record  of  the  names  of 
trustees  then  qualified,  showing  the  districts  in  which  they  were 
elected,  and  the  post-office  of  each.  He  shall,  at  the  time,  deliver 
to  the  trustees  of  each  district  such  blanks  as  they  will  need  for  the 
coming  school-year,  and  give  such  information  with  regard  to 
their  duties  as  may  be  requested.  He  shall  address  all  official  cor- 
respondence to  the  trustees.  Notice  to  them  shall  be  regarded  as 
notice  to  the  people  of  the  district,  and  it  shall  be  the  duty  of  the 
trustees  to  notify  the  people. 

§  53.  [Attendance  at  Office.]— It  shall  be  the  duty  of  the 
county  superintendent  to  be  in  attendance  at  his  office,  at  the  coun- 
ty seat,  on  the  second  Saturday  of  each  month,  and  at  such  other 
times  as  may  be  necessary  to  transact  his  official  business. 


30  COUNTY  SUPERINTENDENT. 

§54.  [Penalty  For  Buying  Teacher's  Claim  or 
Acting  as  Text- Book  Agent.]— No  county  superintendent 
shall  be  allowed  to  buy,  for  himself  or  another,  any  teacher's  claim, 
directly  or  indirectly,  or  to  act  as  agent  for  the  sale  of  any  text- 
book. Any  superintendent  guilty  of  violating  this  section  shall 
be  fined  not  less  than  one  hundred  nor  more  than  one  thousand 
dollars  for  each  offense. 

§55,  [May  Suspend  or  Remove  Teacher  or  Trus- 
tee— Condition.] — For  incompetency,  neglect  of  duty,  immoral 
conduct,  or  other  disqualification,  the  county  superintendent  may 
suspend  or  remove  from  office  any  trustee  or  teacher  of  any  school 
under  his  supervision.  But  before  a  county  superintendent  shall 
suspend  any  trustee  or  teacher,  he  shall  give  said  trustee  or  teacher 
at  least  five  days'  notice  of  the  charges  made  against  him,  and  give 
the  trustee  or  teacher  an  opportunity  to  produce  evidence  and 
defend  any  action  against  him'. 

§56.  [Official  Decisions  — Appeals  — Relations  to 
Superintendent  of  Public  Instruction.]— The  county 
superintendent  shall  decide  all  questions  of  difference  or  doubt 
touching  the  administrative  duties  of  the  officers  and  teachers  of 
common  schools  in  his  county;  but  appeals  from  his  acts  and  deci- 
sions may  be  had,  on  petition  of  any  interested  person,  to  the  Super- 
intendent of  Public  Instruction.  The  county  superintendents  shall 
conform  to  such  reasonable  rules  and  requirements  as  the  Super- 
intendent of  Public  Instruction  shall,  from  time  to  time  prescribe 
and  announce  to  them. 

§57.  [Compensation  For  Services.]— For  all  the  ser- 
vices rendered  and  the  expenses  incurred  by  the  county  superintend- 
ent under  the  provisions  of  this  law,  he  shall  be  allowed  a  salary 
annually  by  the  fiscal  court  of  his  county,  based  on  the  number  of 
children  reported  in  the  census  report  of  the  district  trustees  of 
such  county;  which  salary  shall  not  be  less  than  eight  cents  nor 
more  than  twenty  cents  for  each  pupil  child  thus  reported.  Before 
the  court  shall  allow  the  salary,  it  shall  be  satisfied,  from  the  state- 
ment subscribed  and  sworn  to  by  the  superintendent,  and  from  such 
other  evidence  as  may  be  adduced,  that  he  has  visited  the  schools  of 
the  county,  and  that  the  said  services  have  been  faithfully  and 
efficiently  performed  according  to  law.  Said  salary  shall  be  paid 


COTNTV  SUPERINTENDENT.  31 

out  of  the  county  levy  as  the  salary  of  the  county  judge  is  now 
paid;  and,  in  his  report  to  the  Superintendent  of  Public  Instruction, 
he  shall  state  the  full  amount  allowed  him  by  the  fiscal  court  for 
his  official  services:  Provided,  however,  That  no  salary  shall  be 
less  than  |250  nor  greater  than  $1,500.  In  fixing  the  salary  of  the 
said  superintendent,  no  child  shall  be  counted  or  enumerated  who 
is  under  a  city  school  superintendent  of  a  city  of  the  first,  second, 
third  or  fourth  class.  The  fiscal  court  shall  furnish  the  county 
superintendent  with  a  suitable  office,  free  of  charge,  large  enough 
to  accommodate  the  county  teachers'  library.  Acts  of  1894. 

§5§.  [How  Vacancy  in  Office  is  to  be  Supplied— 
Removal  From— Appeals.] — In  case  of  the  death,  removal 
or  resignation,  refusal  to  serve,  or  inability  of  the  county  superin- 
tendent elected  to  give  the  bond  required  or  to  perform  the  duties 
of  the  office,  a  successor  shall  be  appointed  or  elected  as  follows:  If 
the  unexpired  term  will  end  at  the  next  succeeding  annual  election, 
or,  if  the  unexpired  term  will  not  end  at  the  next  succeeding  annual 
election,  and  three  months  intervene  before  said  annual  election, 
the  county  judge  of  each  county  is  authorized  to  appoint  a  successor, 
duly  qualified  according  to  section  37  of  this  law,  to  continue  in  office 
until  the  next  succeeding  annual  election,  when  one  shall  be  elected 
for  the  unexpired  term.  If  the  unexpired  term  does  not  end  at 
the  next  succeeding  annual  election,  and  three  months  does  not  in- 
tervene between  the  happening  of  said  vacancy  and  the  next  succeed- 
ing annual  election,  the  county  judge  shall  appoint  a  successor  of 
said  qualifications  to  continue  in  office  until  the  second  succeeding 
annual  election  when  one  shall  be  elected  for  the  unexpired  term. 
In  case  of  a  vacancy  in  this  office  the  county  judge  shall,  as  soon  as 
practicable,  notify  the  Superintendent  of  Public  Instruction,  and 
request  him  to  appoint  a  day  and  furnish  questions  for  an  examina- 
tion to  fill  said  vacancy;  and  the  said  examination  shall  be  con- 
ducted in  a  manner  prescribed  by  law.  The  county  court  may,  at 
any  regular  term,  after  ten  days'  notice,  remove  a  county  superin- 
tendent for  inability,  or  habitual  neglect  of  duty,  or  malfeasance 
in  office.  An  appeal  to  the  circuit  court  may  be  taken  from  the  order 
of  the  county  court  removing  the  superintendent,  and  from  the 
circuit  court  to  the  Court  of  Appeals,  as  in  civil  actions.  Acts  of 
1894. 


32 


COUNTY  BOARD  OF  EXAMINERS. 


§59.  [Duty  to  Successor.]— Each  county  superintendent,, 
when  he  resigns,  vacates,  is  removed  or  goes  out  of  office,  shall  im- 
mediately thereafter  deliver  to  his  successor  or  to  the  county  court 
clerk  for  him,  any  money,  property,  books,  effects  or  papers  remain- 
ing in  his  hands  as  county  superintendent,  and  within  ten  days  shall 
settle  with  the  county  court,  and  for  a  failure  to  do  so  shall  be  fined 
not  less  than  fifty  dollars  uor  more  than  one  hundred  dollars.  Acts 
of  1894. 


VI.    COUNTY  BOARD  OF  EXAMINERS. 


60.  Members — character  and  qualifica- 

tions; the  appointees  must  file  oath 
in  the  office  of  County  Clerk. 

61.  Must  adopt  a  list  of  text-books  on 

the  subjects  taught  in  the  common 
schools,  which  books  shall  be  uni- 
formly used  in  the  county  for 
which  adopted  ;  character  of  books ; 
can  not  adopt  books  of  a  publisher 
who  has  not  filed  bond  at  State 
office ;  penalty  for  giving  or  re- 
ceiving bribe. 

62.  Publishers  must  file  bond  and  sample 

of  books  in  office  of  Superintendent 
of  Public  Instruction,  with  prices ; 
conditions  of  bond;  penalty  for 
failure  or  refusal  to  execute  them. 


j  63.  County  certificates  not  to  be  granted 
to  immoral  persons  or  to  any  one 
under  eighteen  years  of  age  ;  times 
prescribed  for  examinations;  duty 
of  the  State  Board  of  Examiners  as 
to  questions;  manner  of  examina- 
tions ;  no  certificate  is  to  be  granted 
applicant  who  indulges  in  drunk- 
enness, profanity,  or  licentiousness, 
nor  to  one  who  gives  or  receiver 
assistance. 

64.  No  immoral  person  and  no  one  un- 
der eighteen  years  of  age  to  have 
a  certificate — penalty;  obtaining 
or  attempting  to  obtain  unlawfully, 
the  State  Board  Question,  or  sell- 
ing, bartering  or  giving  them  away, 
made  a  misdemeanor,  punishable 
by  fine,  not  to  exceed  one  hundred 
dollars. 


§  60.  [Qualifications  of  Members.]— The  county  super- 
intendent shall  appoint  two  strictly  moral  and  well  educated  per- 
sons, holding  county  certificates  of  the  first  class,  State  certificatesr 
State  diplomas,  or  diplomas  from  some  literary  institution  of  high 
learning,  who,  together  with  himself,  shall  constitute  a  board  of 
examiners  for  the  county.  Before  they  shall  be  authorized  to  act 
in  any  capacity  as  such  board,  or  grant  any  certificate,  said  exam- 
iners shall  take  and  subscribe  to  an  oath  that  they  will  faithfully 
discharge  their  duties  as  required  by  the  common  school  law,  and 
the  said  affidavit  shall  be  filed  in  the  office  of  the  clerk  of  the  coun- 
ty court. 

§61.  [Must  Adopt  Text-Books.]— The  county  board  of 
examiners  in  each  county  shall  meet  after  the  expiration  of  the 
period  for  which  text-books  have  heretofore  been  adopted,  and  in 
counties  where  there  have  been  no  adoption  of  text-books  within 
six  months  after  this  act  takes  effect,  and  shall  adopt  a  list  of  text- 


COUNTY    liOAKI)  OF    KX  A  M  I  N  KUS.  33 

books  on  the  subjects  taught  in  the  common  schools,  and  said  text- 
books adopted  by  said  board  shall  be  uniformly  used  in  the  county 
for  which  they  were  adopted,  and  shall  not  be  changed  oftener  than 
every  five  years,  but  said  board  shall  not  adopt  any  text  books  of 
an  immoral,  sectional,  or  sectarian  character  for  use  in  the  com- 
mon schools  nor  the  text-books  of  any  publisher  or  persons  selling 
such  text-books,  unless  said  publisher  or  person  has  first  filed  in  the 
office  of  the  Superintendent  of  Public  Instruction  the  bond  as  pro- 
vided for  in  section  sixty-two.  Any  county  board  of  examiners  of 
a  county  in  which,  at  the  time,  a  leg;al  adoption  of  text-books  has 
not  been  made  who  shall  fail  or  refuse  within  six  months  after  the 
time  when,  by  this  section,  they  should  have  done  so,  to  adopt  a 
series  of  text-books  on  the  subjects  embraced  in  the  common  school 
course,  shall  each  be  subject  to  a  fine  of  not  less  than  one  hundred 
nor  more  than  two  hundred  dollars.  It  shall  be  the  duty  of  the 
.county  superintendent  to  make  and  keep  a  record  of  the  adoption 
of  text-books,  and  to  see  that  the  adopted  list  of  text-books  is  es- 
tablished and  maintained  in  all  the  public  schools  in  the  county, 
and  it  shall  be  the  further  duty  of  the  county  superintendent  to 
file  and  keep  in  his  office  the  copy  of  the  bond  of  any  publisher  or 
person  selling  text-books  before  the  ex  officio  members  of  the  State 
Board  of  Education,  and  forwarded  to  him  by  the  Superintendent 
of  Public  Instruction;  and  when  any  of  the  books  named  in  said  bond 
shall  be  adopted  for  use  in  his  county,  and  there  is  a  breach  of,  or 
a  failure  to  comply  with,  any  of  the  provisions  of  the  bond  in  his 
county,  by  the  parties  executing  the  same,  he  shall  bring  suit  in  the 
circuit  court  of  his  county  for  a  forfeiture  of  said  bond,  and  any 
money  recovered  thereon,  after  paying  the  cost  of  proceedings, 
shall  be  covered  into  the  school  fund  of  the  county.  Any  member 
of  the  county  board  of  examiners,  who  shall  accept  any  money  or 
other  thing  of  value  for  his  vote  or  influence  in  selecting  text-books, 
shall,  upon  conviction,  be  fined  five  hundred  dollars,  and  be  re- 
moved from  office;  and  any  person  or  company  who  shall  give,  or 
offer  to  give,  such  reward,  shall,  upon  conviction,  be  fined  five  hun- 
dred dollars. 

§  62.  [Bond  Required  of  Publishers— Other  Condi- 
tions as  to   Adoption.] — Whenever  any  publisher  or  person, 
selling  text-books,  who  desires  to  have  his  text-book  adopted  in 
the  common  schools  in  any  county  in  this  State,  shall  file  in  the 
3 


34  COUNTY  BOAKD  OF*  EXAMINERS. 

office  of  the  Superintendent  of  Public  Instruction  a  sample  copy  of 
each  of  the  text-books  intended  for  adoption,  together  with  the  low- 
est retail  list  price  at  which  the  same  shall  be  sold  to  the  patrons 
and  pupils  of  any  county  in  which  the  same  may  be  adopted,  and  shall 
execute  bond  before  the  ex  officio  members  of  the  State  Board  of 
Education  in  the  sum  of  ten  thousand  ($10,000)  dollars,  with  good 
security  resident  in  this  State,  it  slid  11  be  the  duty  of  said  ex  officio 
members  of  the  said  Board  of  Education  to  accept  and  file  said  bond 
in  the  office  of  the  Superintendent  of  Public  Instruction:  Provided, 
Jiowever,  That  it  shall  be  distinctly  set  forth  in  said  bond  that  the 
text-books  of  said  publisher  or  person  selling  the  same  shall  be 
sold  to  the  patrons  and  pupils  of  the  common  schools  of  any  county 
in  which  the  same  may  be  adopted  at  a  special  retail  list  price, 
which  shall  not  exceed  the  lowest  wholesale  or  the  lowest  retail 
list  price  then  or  that  may  thereafter  be  fixed  by  said  publisher  or 
person  selling  the  same  for  the  sale  of  such  text-books  in  any  State 
or  section  of  the  country,  and  that  said  special  retail  list  price  shall 
not,  at  any  time,  exceed  the  price  fixed  and  filed  in  the  office  of  the 
Superintendent  of  Public  Instruction,  which  shall  be  set  forth  in 
said  bond;  and  the  said  publisher  or  person  selling  such  text-book 
shall  further  agree  and  contract  to  make  such  arrangement  with 
local  dealers  or  agents  to  sell  such  text-books  in  sufficient  quan- 
tities to  supply  the  patrons  and  pupils  of  the  common  schools  of 
any  county  in  which  the  same  may  be  adopted  at  the  special  retail 
list  price  herein  provided  for :  And  provided  further,  That  the  said 
text-books  shall  be  sent  direct  with  postage  or  expressage,  as  the 
case  may  be,  prepaid  to  any  patron  or  pupil  of  the  common  schools 
of  any  county  in  which  the  same  may  be  adopted  for  use,  upon  re- 
ceipt in  cash  of  the  said  special  retail  list  price  of  such  text-books, 
and  that  such  patrons  and  pupils  shall  have  the  option  of  the  bene 
fit  of  any  revision  or  new  edition  of  any  of  said  text-books ;  and  that 
said  text-books  shall  be  equal  in  paper,  binding,  typography  and  in 
every  other  respect  to  the  sample  copies  on  file  in  the  office  of  the 
Superintendent  of  Public  Instruction.  Within  ten  days  after  the 
acceptance  and  filing  in  his  office  the  bond  herein  provided  for,  the 
Superintendent  of  Public  Instruction  shall  forward  a  certified  copy 
thereof  to  each  county  superintendent  in  the  State.  Within  six 
months  after  this  act  takes  effect  all  publishers  or  persons  selling 
text-books  whose  text-books  have  heretofore  been  adopted  for  use 


COUNTY  BOARD  OF  EXAMINERS.  35 

in  the  common  schools  of  any  county  in  the  State  shall  file  a  sample 
copy  of  each  text-book  so  adopted,  together  with  the  lowest  whole- 
sale and  the  lowest  retail  list  price  fixed  by  said  publisher  or  per- 
son for  the  sale  of  such  text-book  in  any  State  or  section  of  the 
country,  and  the  lowest  special  retail  list  price  at  which  the  same 
shall  be  sold  to  the  patrons  and  pupils  of  the  common  schools  of 
any  county  in  this  State  in  which  the  same  are  or  may  hereafter  be 
adopted,  and  shall  execute  before  the  ex  officio  members  of  the  State 
Board  of  Education  the  bond  herein  required,  and  shall  after  said 
six  months  after  this  act  takes  effect  sell  said  books  at  said  price 
to  pupils  and  patrons,  and  in  every  other  respect  shall  comply  with 
the  provisions  of  this  act.  Upon  the  failure  or  refusal  of  any  such 
publisher  or  person  to  comply  with  the  provisions  of  this  act  within 
the  time  herein  specified,  the  text-books  of  such  publisher  or  person 
selling  the  same  shall  be  removed  from  the  common  schools  of  any 
and  every  county  by  the  county  board  thereof  in  which  the  same 
have  been  adopted,  and  in  such  case  new  text-books  shall  be  adopted 
as  herein  provided  from  the  list  of  text-books  of  publishers  or  per- 
sons selling  them  who  have  filed  with  the  Superintendent  of  Public 
Instruction  the  bond  herein  required. 

§  63.  [Duties  of  State  and  County  Boards  as  to 
Questions,  Examinations,  Certificates.]— County  cer- 
tificates shall  be  granted  by  the  county  board  of  examiners  to  per- 
sons not  under  eighteen  years  of  age,  upon  written  examinations 
upon  the  science  and  art  of  teaching,  and  upon  the  subjects  em- 
braced in  the  common  school  course,  including,  in  connection  with 
physiology  and  hygiene,  the  effects  of  alcoholic  drinks  and  narcotics 
upon  the  human  system,  held  in  each  county  of  the  State,  for  white 
teachers,  upon  the  third  Friday  and  Saturday  in  May,  June,  July 
and  August,  of  each  year,  and  for  colored  teachers  upon  the  fourth 
Friday  and  Saturday  of  the  same  months,  and  no  examinations  shall 
be  held  at  any  other  time  whatever.  No  certificate  shall  be  issued 
upon  the  days  of  examination,  nor  shall  any  answers  be  passed  upon 
in  the  presence  of  any  applicant.  The  State  Board  of  Examiners 
shall  carefully  prepare  four  series  of  questions  for  white  teachers, 
and  an  equal  number  for  colored  teachers,  all  of  the  same  grade; 
shall  enclose  in  a  separate  envelope  such  number  of  questions  of 
each  given  series  as  the  county  superintendent  shall  make  requisi- 
tion for  at  least  twenty  days  before  the  examination,  with  the  name 


36  COUNTY  BOARD  OF  EXAMINERS. 

of  the  subject  plainly  written  or  printed  across  the  seal  thereof; 
shall  enclose  the  several  envelopes  in  a  package,  which  they  shall 
seal  and  forward  by  registered  mail  or  by  express  to  each  county 
superintendent  at  least  two  weeks  before  the  examination,  desig- 
nating the  month  for  which  the  same  shall  be  used.     The  county 
superintendent  shall  carefully  preserve  the  said  package  of  ques- 
tions under  seal  until  the  hour  of  examination;  and  the  seal  of  the 
said  package  shall  then  be  examined  by  the  other  examiners  and 
the  applicants  for  certificates,  and  the  package  shall  be  opened  in 
their  presence.     Immediately  after  examining  the  package  of  ques- 
tions each  of  the  county  examiners  shall,  under  his  oath  as  exam- 
iner, upon  blanks  furnished  for  that  purpose  by  the  Superintendent 
of  Public  Instruction,  give  a  separate  certificate,  with  signature  at- 
tested by  two  reliable  witnesses,  that  he  had  personally  inspected 
the  said  package,  and  whether  he  had  found  the  same  intact,  as  pro- 
vided herein,  and  forward  the  certificate  to  the  Superintendent  of 
Public  Instruction  on  the  same  day.     The  examiners  shall  allot  a 
reasonable  time  for  the  examination  upon  each  subject,  taking  the 
subjects  in  the  order  named  in  the  section  specifying  the  subjects 
embraced  in  the  common  school  course,  and  shall  collect  the  answers 
of  all  the  applicants  when  the  time  allotted  has  expired ;  and,  after 
the  first  subject  is  presented  to  the  applicants,  the  said  examiners 
shall  not  present  any  other  subject,  or  open  the  envelope  thereof, 
until  they  collect  the  answers  of  all  applicants  to  all  questions  pre- 
viously presented.     The  said  examiners  shall  not  examine  any  ap- 
plicant until  they  are  fully  satisfied  that  said  applicant  possesses 
an  unexceptionable  moral  character,  and  is  of  the  age  herein  pre- 
scribed; and,  in  no  event,  shall  a  certificate  be  granted  to  any  per- 
son who  indulges  in  drunkenness,  profanity,  gambling  or  licentious- 
ness, or  who,  within  the  belief  of  the  examiners,  has  had  improper 
access  to  the  examination  questions.     They  shall,  during  the  ex- 
amination, exclude  from  the  room  all  persons  other  than  applicants, 
see  that  the  applicants  are  seated  at  a  proper  distance  from  each 
other,  and  shall  see  that  no  assistance  is  given  or  obtained  by  any 
applicant  during  the  examination,  and  shall  refuse  to  grant  a  cer- 
tificate to  any  applicant  who  may  either  obtain  or  give  such  assist- 
ance.    The  county  superintendent,  and  at  least  one  of  the  exam- 
iners, shall  be  present,  and  shall  conduct  all  examinations  and  sign 
all  certificates.     The  county  superintendent  and  other  examiners 


DISTRICTS. 


37 


shall  have  full  power,  and  it  shall  be  their  duty  to  make  investiga- 
tion as  to  the  moral  character  of  applicants;  and  the  county  super- 
intendent shall  also  have  full  power  to  administer  an  oath  as  to 
improper  use  of  questions,  and  as  to  other  matters  touching  the 
qualifications  of  teachers  under  this  act.  [Approved  March  17, 
1896.] 

§64.  [When  Unlawful  to  Grant  Certificate- 
Fraudulent  Use  of  Questions— Penalties.]— Any 
county  superintendent  or  county  examiner  who  shall  knowingly 
grant  to  any  immoral  person,  or  to  any  person  under  the  prescribed 
age,  a  certificate  to  teach  in  the  common  schools;  or  any  person 
who  shall  unlawfully  obtain,  or  attempt  to  obtain,  or  shall  sell, 
barter  or  give  away,  or  attempt  to  sell,  barter  or  give  away,  to  an 
applicant  or  applicants  for  a  certificate  or  certificates,  or  to  any 
other  person,  any  question  or  questions  prepared  or  sent  out  by  the 
State  Board  of  Examiners  for  the  examination  of  a  person  or  per- 
sons applying  for  a  certificate  or  certificates,  or  in  any  way  dispose 
of  such  question  or  questions  contrary  to  law,  or  any  regulations 
prescribed  by  the  State  Board  of  Examiners,  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  not  less 
than  fifty  and  not  more  than  one  hundred  dollars  for  each  offense. 
The  county  board  of  examiners  shall  charge  each  applicant  a  fee 
of  one  dollar  for  each  examination  made,  the  proceeds  of  which 
shall  be  divided  between  the  two  members  of  the  board  appointed 
by  and  acting  with  the  county  superintendents  in  proportion  to 
the  services  rendered  by  them. 


VII.    DISTRICTS. 


65.  Districts  shall  be  retained  until  al- 

tered or  abolished  according  to 
law; 'when  change  in  boundary 
may  be  effected.! 

66.  Maximum   and   minimum  of  school 

population  in  districts  ;  legal  area 
of  districts ;  each  school-House  ti> 
be  centrally  located. 

67.  Number  and  boundary  df  each  dis- 

trict shall  be  duly  recorded. 

68.  When  county  superintendents  may 

lay  oft  a  district  composed  of  parts 
of  two  counties  ;  how  district  to  b«- 
reported  and  drawn  for. 


§  69.  Privileges  of  pupil  children  in  ad- 
joining districts ;  tuition  fees  to  be 
paid  to  teacher  where  taught. 

70.  Provisions  as  to  a  city,  town  or  vil- 

lage, establishing  and  maintaining 
a  >  ystem  of  common  schools. 

71.  This  act  not  to  affect  any  local  or 

special  law  establishing  any  city 
or  town  in  one  district,  or  charter 
and  am?.ndments  of  any  city  or 
town  so  far  as  relate "  to  their 
public  schools,  or  to  affect  any  local 
or  special  laws  now  in  force  relat- 
ing to  any  institution  of  learning. 


§  65.  [Change  of  Boundary— On  what  Conditions.] 

— The  school  districts  of  the  several  counties,  as  at  present  de- 


38  DISTKICTS. 

scribed  and  numbered,  shall  be  retained  until  altered  or  abol- 
ished pursuant  to  this  chapter;  but  no  two  districts  in  the  same 
county  shall  be  known  by  the  same  name  or  number.  No  change 
in  the  boundary  of  any  district  shall  be  made  to  take  effect  during 
the  current  or  the  following  school  year,  unless  made  previous  to 
taking  the  census  for  such  school  year.  Nor  shall  the  boundary 
of  any  district  be  changed  unless  ten  days'  notice  in  writing 
shall  be  first  given  to  the  trustees  of  other  districts  to  be  affected 
thereby. 

§  66.  [School    Population— Area—  Location    of 

Schoolhouse.] — In  order  that  all  districts  may,  as  soon  as 
practicable,  be  made  to  contain  not  less  than  forty-five  pupil  chil- 
dren, each  county  superintendent  shall,  from  year  to  year,  as  far 
as  practicable,  and  in  accordance  with  the  best  educational  re- 
sults, equalize  in  school  population  the  districts  of  his  county.  No 
district  hereafter  established  shall  include  less  than  forty-five 
pupil  children,  except  in  cases  of  extreme  emergency.  (No)  dis- 
trict shall  include  more  than  one  hundred  pupil  children  unless 
it  contains  a  city,  town  or  village  within  its  limits,  or  there  be  es- 
tablished therein  a  high  school,  academy  or  college  entitled  to  a 
share  of  the  revenue  of  the  common  school  fund,  by  virtue  of  a 
special  charter,  or  of  a  contract  between  the  trustees  of  the  com- 
mon school  district,  and  the  trustees  or  other  legal  authorities 
of  such  institution.  In  all  such  cases  the  teacher  or  teachers  of 
such  high  school,  academy  or  college  having  charge  of  the  common 
school  pupils  shall  hold  certificates,  and  be  subject  to  all  the  provi- 
sions of  the  common  school  laws.  Such  contract  shall  express- 
ly provide  that  all  children  of  pupil  age  residing  within  the  dis- 
trict shall  have  the  privilege  of  attending  the  said  high  school, 
academy  or  college  for  at  least  five  months  during  the  school  year 
without  payment  of  the  tuition  fees;  but  nothing  in  this  chapter 
shall  be  construed  to  authorize  any  white  person  to  attend  a  com- 
mon school  or  other  institution  of  learning  established  for  colored 
children,  or  any  colored  person  to  attend  a  common  school  or  other 
institution  of  learning  established  for  white  children.  In  all  cases 
where  the  number  of  children  shall  exceed  one  hundred,  or  fall 
below  forty-five,  the  county  superintendent  shall  report  the  reason 
thereof  to  the  Superintendent  of  Public  Instruction.  The  area  of 


DISTRICTS.  3 

no  school  district  shall  be  more  than  sixteen  square  miles,  unless 
it  is  necessary  to  enlarge  the  same  so  as  to  include  the  minimum 
number  of  children.  Each  schoolhouse  hereafter  erected  shall 
be  located  as  near  the  center  of  the  district  as  practicable. 

§67.  [Record  of  Each  District.]— The  county  superin- 
tendent shall,  in  a  book  to  be  kept  in  his  office  for  that  purpose, 
and  subject  to  public  inspection,  describe  each  district  in  his  county 
by  its  number  and  boundary,  and  shall  furnish  to  the  trustees  of 
each  district  a  description  of  the  boundary  thereof. 

§68.  [When  Districts  Composed  of  Parts  of  Ad- 
joining* Counties.] — The  county  superintendents  of  two  ad- 
joining counties,  where  the  division  line  intersects  a  neighborhood 
whose  convenience  requires  it,  may  lay  off  a  district  composed  of 
parts  of  both  counties.  Such  district  shall  be  reported,  together 
with  its  census  of  pupil  children,  only  as  belonging  to  the  county  in 
which  the  schoolhouse  of  the  same  may  be  situated,  by  the  county 
superintendent  of  said  county;  and  he  shall  make  report  and  draw 
for  the  whole  district  as  though  it  lay  entirely  within  his  county. 
But  any  county  superintendent  may  reclaim  the  fractional  part  of 
his  county  lying  in  the  district  or  districts  of  another  county,  after 
thirty  days'  written  notice  to  the  county  superintendent  of  the  said 
county,  provided  a  schoolhouse  has  not  been  built  in  such  district 
or  districts,  and  the  reclaiming  of  such  fractional  district  or  dis- 
tricts would  not  necessitate  the  abandonment  of  such  districts. 

§69.  [Privileges  of  Adjoining  Districts  ]— When 
two  school  districts  adjoin,  it  shall  be  lawful  for  the  children  of 
either  of  such  adjoining  districts  to  be  taught  in  and  at  such 
schoolhouses  as  may  be  most  convenient  to  them;  but  in  such  case 
their  per  capita  or  tuition  fees,  shall  be  paid  over  to  the  district  in 
which  they  are  taught,  if  required  by  the  trustees  thereof:  Provided, 
The  transfer  does  not  shorten  the  term  of  the  school  of  the  district 
from  which  the  transfer  has  been  made,  and  does  not  interfere  with 
the  contract  between  the  teacher  and  the  trustees  of  either  district; 
and  that  no  such  change  shall  be  made  without  the  assent  of  the 
trustees  of  both  said  districts  in  writing,  and  of  the  parents  of  the 
children  transferred.  In  case  of  an  agreement  of  the  kind  provided 
for  in  this  section,  the  trustees  of  the  district  in  which  the  children 
were  reported  shall,  before  the  close  of  the  first  month  of  the  school 


40  DISTRICTS. 

term,  notify  the  county  superintendent  in  writing,  or  the  said  trans- 
fer shall  be  void:  Provided,  further,  That  when  the  district  to  which 
transfer  is  made  is  in  a  different  county,  the  county  superintendent 
of  the  county  from  which  the  transfer  is  made  shall  pay  to  the 
county  superintendent  of  the  county  in  which  the  children  are 
taught  the  money  due  for  teaching  them,  taking  his  receipt  in  du- 
plicate. [Acts  of  1894.] 

§70.  [Privileges  of  a  City,  Town  or  Village. ]- 
When  a  city,  town  or  village  establishes  and  maintains  a  system  of 
common  schools  adequate  to  the  teaching  of  all  the  children  therein, 
and  which  all  applying  for  instruction  are  permitted  to  attend  free 
of  charge,  the  same  shall  be  deemed  one  district,  and  entitled  to  its 
proportion  of  the  school  fund.  At  the  termination  of  each  school  year 
the  trustees,  or  other  officers  deputed  for  that  purpose, of  each  school 
district,  and  of  each  separate  school  of  such  city,  town  or  village, 
shall  report  to  the  county  superintendent  the  facts  required  of  dis- 
trict trustees  in  section  eighty-six  of  this  chapter.  They  shall  take 
the  census  of  such  city,  town,  or  village  by  wards  or  school  districts, 
and  make  a  return  to  the  county  superintendent,  to  be  filed  in  his 
office,  at  the  same  time  and  in  the  same  manner  as  that  required 
of  district  trustees.  They  shall  file  a  duplicate  of  said  census  with 
the  county  clerk,  to  be  retained  by  him  in  his  office.  For. any  fail- 
ure, neglect,  or  violation  of  their  duties  as  set  forth  in  this  section 
the  trustees  or  other  officers  of  such  city,  town  or  district  shall  be 
subject  to  the  same  penalties  as  imposed  on  district  trustees. 

§71.  [Local  or  Special  Laws  not  Affected  by 
this  Act,except  as  in  §S  118,119  and  66.]— This  law  is  not 
to  affect,  modify  or  repeal  any  local  or  special  law  heretofore  passed, 
which  establishes  any  city  or  town  in  one  district,  except  as  pro- 
vided in  sections  118  and  119;  but  the  same  shall  be  governed  in 
all  respects  by  the  local  laws  and  authorities,  and  it  shall  in  no  wise 
affect  the  charter  and  amendments  thereto  of  any  city  or  town  in  the 
Commonwealth,  so  far  as  said  charter  and  amendments  relate  to  the 
public  schools  of  said  cities  and  towns;  nor  shall  this  law  affect, 
modify  or  repeal  any  local  or  special  laws  now  in  force  for  the  bene- 
fit of  any  school,  high  school,  seminary,  college,  or  other  institution 
of  learning  in  this  State,  except  as  to  teachers,  as  provided  in  sec- 
tion 66  of  this  chapter. 


IMSTUKT  TIU'STKKS. 


41 


VIII.     DISTRICT  TKISTEES. 


72.  Authority,     number,    qualifications, 

election  and  term  of  trustees: 
place,  time,  and  notice  of  election: 
qualified  voters;  judge  of  election  : 
decision  in  case  of  a  tie;  quorum 
of  board;  chairman  and  bis  duties  : 
penalty  in  case  of  neglect  or  non- 
performance  of  duties 

73.  Penalty  for  fraud  on  the  part  of  the 

judge  of  the  election,  or  of  any 
person  in  regard  to  the  records  of 
the  election  of  a  trustee. 

74.  Vacancy  in  office  of  trustee  to  be  sup- 

plied by  county  superintendent ; 
trustee  appointed,  to  hold  office 
until  successor  elected  and  qualified. 

75.  Trustees,  body- politic  and  corporate, 

name;  may  take,  hold  and  dispose 
of  property,  etc.,  for  their  common 
school. 

76.  Shall  keep  a  record-book,  open  at  all 

times  to  public  inspection;  facts 
for  careful  record. 

77.  Provisions   for    procuring    site  and 

erecting  a  school-house  with  proper 
out-buildings  and  inclosures,  mak- 
ing repairs  and  providing  furniture 
and  apparatus ;  recovery  for  dam- 
ages done  property;  right  and  re- 
sult of  petition  and  of  appeal  to 
county  superintendent;  title  to  lot 
shall  vest  in  trustees  and  their  suc- 
cessors; location  of  school  house; 
provisions  for  roads  or  passways  to 
school  house. 

78.  When  school  house  condemned  and 

needs  repairing,  or  when  necessary 
to  purchase  a  site  and  build  a  new 
one,  shall  order  taxes  to  be  as- 
sessed ;  character  and  application 
of  taxes;  substitute  for  capitation 
tax  ;  character  and  lowest  value  of 
school  house — plans  and  specifica- 
tions for;  tax  how  collected  and 
paid  out ;  penalty  against  trustees 
for  failure. 

79.  Levying     and      collecting     district 

taxes;  appointment  of  treasurer; 
collection  of  delinquent  list;  col- 
lection of  railroad  tax. 

80.  Poll   or  capitation  tax  for   fuel  and 

other  incidental  expenses  of  school, 
and  how  may  be  collected  ;  how 
said  tax  may  be  discharged. 

81.  Shall    employ    a   qualified    teacher, 

agree  with  him  as  to  compensation, 
and  for  good  cause  may  remove 
him  subject  to  approval  of  county 
superintendent;  contract  not  valid 
unless  duly  signed;  condition  on 
which  any  school  must  be  taught 
in  district  school  house. 

82.  Duty  ot  trustees  for  two  weeks  In-- 

fore school  to  parents  of  pupil-chil- 


dren ;  duty  concerning  text-books; 
duty  during  progress  of  school  con- 
cerning non-attendance  of  pupils. 
s:;.  Duty  of  Board  of  Trustees  to  meet 
at  school  house  on  day  of  opening 
school  and  thereat,  at  least  once  a 
month  during  session  of  school ; 
what  shall  be  considered  at  each 
meeting;  on  complaint  of  teacher 
in  writing,  trustees  shall  have 
power,  after  investigation,  to  sus- 
pend or  expel  a  pupil  from  school. 

84.  School   to  be  guarded  against  any 

infectious  or  contagious  disease. 

85.  Duty,   annually,   to   take   an   exact 

census  of  all  pupil-children  then 
residing  in  the  district;  list  must 
be  reported  to  county  superintend- 
ent and  county  clerk;  penalty  for 
fraudulently  listing  names;  pen- 
alty for  not  making  report  in  due 
time  and  manner;  no  pupil-chil- 
dren reported  in  any  other  district 
to  be  listed,  but  any  pupil-child 
not  reported  in  the  district  in  which 
he  resides,  may  attend  the  common 
school  without  payment. 

86.  At  the  termination   of    the   school- 

year  shall  report  required  school 
statistics  to  county  superintendent, 
and  any  other  information  required 
touching  the  school. 

87.  The  reports  required  of    the  chair- 

man must  be  signed  by  him ;  pen- 
alty for  failure  to  make. any  report 
within  thirty  days  after  the  same 
is  required  by  law. 

88.  No    trustee    allowed    to     buy    any 

teacher's  claim,  directly  or  indi- 
rectly, under  penalty  of  removal 
from  office;  any  trustee  who  should 
accept  or  agree  to  accept  any  com- 
pensation, directly  or  indirectly, 
for  employing  or  hiring  a  teacher 
'  shall,  upon  indictment  and  convic- 
tion thereof,  be  fined. 

89.  For  any  neglect  of  duty  or  misfeas- 

ance in  office,  the  trustee  shall,  in 
addition  to  being  fined,  be  removed 
from  office  by  the  county  superin- 
tendent. 

90.  Chairman  of  the  board  in  considera- 

tion of  his  services,  shall  be  exempt 
from  certain  other  specified  duties. 

91.  Any   person,   elected   or   appointed 

trustee,  who  shall  willfully  fail  or 
neglect,  after  having  accepted  said 
office,  to  perform  the  duties  impos- 
ed upon  him  herein  shall  be  fined 
therefor. 

29.  Money,  property,  books  or  papers  in 
custody  of  a  trustee,  must  be  de- 
livered to  successor;  penalty  for 
failure. 


42  DISTRICT  TRUSTEES. 

§72.  [District    Trustees— Authority ,    Number, 
Qualifications,     Election— Chairman    of     Board.]— 

Each  school  district  shall  be  under  the  control  of  three  trusteesr 
who  shall  be  of  good  moral  character,  at  least  twenty-one  years  of 
age,  and  for  white  schools,  able  to  read  and  write,  and  for  colored 
schools,  able  to  read  and  write,  if  practicable,  one  of  whom  shall  be 
elected  each  year,  for  the  term  of  three  years,  to  fill  the  place  of  the 
trustee  going  out  of  office.  No  person  holding  the  office  of  trustee 
of  any  private  school  shall  be  eligible  to  hold  the  office  of  trustee 
of  any  common  school.  The  vote  in  electing  a  trustee  shall  be  taken 
viva  voce,  and  the  election  shall  be  held  at  the  schoolhouse,  and  if 
no  schoolhouse  be  in  the  district,  at  such  convenient  place  as  the 
trustees  may  select,  from  one  o'clock  till  six  o'clock  in  the  after- 
noon on  the  first  Saturday  of  June  in  each  year,  notice  thereof  hav- 
ing been  posted  by  the  trustees  at  three  of  the  most  public  places 
in  the  district  for  ten  days  immediately  preceding  the  day  of 
election.  At  this  election  the  qualified  voters  of  the  district 
shall  be  the  electors;  and  any  widow  having  a  child  between  six 
and  twenty-years  of  age,  and  any  widow  or  spinster  having  a  ward 
between  the  ages  of  six  and  twenty  years  may  also  vote.  The 
officers  of  the  election  shall  be  a  judge  and  a  clerk,  who  shall  be 
residents  of  the  district,  and  be  chosen  by  the  voters  at  the  opening 
of  the  polls.  The  judge  of  election  shall  give  the  casting  vote  in 
case  of  a  tie,  provided  he  has  not  heretofore  voted,  and  give  a  cer- 
tificate of  election  to  the  person  elected,  signed  by  himself,  and 
report  the  trustees  thus  elected,  in  writing,  to  the  county  superin- 
tendent of  the  county  within  five  days  after  the  day  of  election.  In 
case  of  a  tie,  in  which  the  judge  has  voted,  then  he  shall  certify 
the  fact  to  the  county  superintendent,  and  the  county  superinten- 
dent shall  appoint  the  trustee,  and  give  him  a  certificate,  and  the 
trustee  so  selected  shall  act  until  his  successor  is  duly  qualified. 
The  trustee  so  elected  shall  hold  office  for  three  years,  from  the 
first  day  of  July  succeeding  his  election,  and  until  his  successor  is 
duly  elected  or  appointed  and  qualified.  Any  two  of  the  trustees 
may  constitute  a  quorum  to  transact  the  business  pertaining  to  their 
office,  at  a  meeting  of  which  all  shall  have  had  reasonable  notice. 
The  trustee  having  the  shortest  time  to  serve  shall  be  chairman  of 
the  board  of  trustees,  whose  duty  it  shall  be  to  preside  at  all  its 
meetings,  and  to  make  the  reports,  and  to  perform  all  other  such 


DISTRICT  TRUSTEES.  43 

acts  and  duties  as  required  by  law  of  trustees;  and  in  case  of  neglect 
or  non-performance  of  duty,  the  one  so  remiss  of  duty  shall  be  sub- 
ject to  like  fines  and  penalties  as  imposed  by  law  on  trustees  for 
in 'gleet  of  duty  or  other  violations  of  law.  This  law  shall  in  no 
wise  impair  the  tenure  of  office  of  trustees  who  have  been  duly 
elected  or  appointed  under  the  present  school  law. 

§73.  [Penalty  for  Fraud  at  Election.]— Any  person 
who  may  be  chosen  to  preside  over  the  election  of  a  school  trustee 
in  any  school  district  in  this  Commonwealth  who  shall  knowing- 
ly, and  with  intent  to  commit  a  fraud,  receive  and  count  any  illegal 
vote  or  issue  a  certificate  of  election  to  any  person  not  entitled 

thereto,  or  shall  refuse  to  issue  such  certificate  to  any  one  duly 

*.• 

elected,  or  who  shall  fail  for  five  days  after  the  election  to 
report  the  name  of  the  person  elected,  or  who  shall,  with  fraudulent 
intent,  deface,  mutilate  or  destroy  the  records  of  any  such  elec- 
tion, shall  be  fined  not  less  than  fifty  nor  more  than  two  hundred 
dollars  for  every  such  offense,  and  it  shall  be  the  duty  of  the  county 
superintendent- to  report  such  offenses  to  the  grand  jury. 

§74.  [Vacancy— How  Supplied.]— If,  from  a  failure  to 
qualify  according  to  law,  or  from  any  other  cause,  there  be  a  va- 
cancy in  the  office  of  trustee,  the  county  superintendent  of  the 
county  shall,  within  ten  days,  or  as  soon  thereafter  as  practicable, 
supply  the  same  by  his  appointment,  in  writing,  and  the  trustee 
so  appointed  shall  hold  his  office  until  the  end  of  that  term,  and 
until  his  successor  is  elected  or  appointed  and  qualified.  In  case 
of  controverted  right  to  the  office  of  trustee,  the  county  superintend- 
ent is  empowered  to  recognize  a  trustee  among  the  contestants 
until  the  dispute  has  been  settled.  If  a  trustee-elect  shall  fail  to 
qualify  before  the  county  superintendent  on  or  before  the  fourth  Sat- 
urday in  June  following  his  election,  or  file  with  him  a  certificate 
that  he  has  qualified  before  another  officer,  it  shall  be  within  the 
discretion  of  the  county  superintendent  to  declare  his  place  vacant, 
and  to  fill  same  by  appointment. 

§75.  [Body-Politic  and  Corporate— Name  and 
Powers] — They  and  their  successors  shall  be  a  body-politic  and 
corporate  with  perpetual  succession,  by  the  name  of  the  trustees 
for  their  school  district;  and  as  such  may  sue  and  be  sued,  take,  hold 
and  dispose  of  real  and  personal  estate  for  the  maintenance,  use 


44  DISTRICT  TRUSTEES. 

and  benefit  of  the  common  school  of  their  district,  and  receive  and 
enforce  payments  of  subscriptions  for  the  like  purpose.  Their 
private  seals  or  scrolls  shall  stand  in  lieu  of  a  corporate  seal.  In 
the  acquisition  of  land  as  a  site  for  a  schoolhouse,  the  title  there- 
of shall  be  made  in  fee-simple  to  the  trustees,  and  the  titles  to  lands 
now  used  as  sites  for  schoolhouses  shall,  at  the  earliest  possible 
time,  be  perfected  by  the  trustees  and  the  county  superintendent. 
Any  revisionary  (reversionary)  interest  in  any  land  now  used  as 
a  site  for  a  schoolhouse  shall  not  deprive  the  districts  of  the  school- 
house  or  other  improvements  thereon. 

§76.  [Record  Books— Open  to  Public  Inspection- 
Facts  for  Careful  Record.]— The  Superintendent  of  Pub- 
lic Instruction  shall,  from  time  to  time,  as  needed,  through  the 
county  superintendents,  furnish  the  chairman  of  each  board  of  trus- 
tees with  a  trustee's  record-book,  which  shall  be  the  property  of  the 
State,  shall  be  well  preserved,  shall  be  open  at  all  times  to  public 
inspection,  especially  by  the  trustees  and  county  superintendent, 
and  at  the  expiration  of  the  chairman's  term  shall  be  turned 
over  to  his  successor.  The  chairman  of  each  board  of 
trustees  shall  receipt  to  the  county  superintendent  for  the 
record-book,  which  receipt  shall  be  filed  with  the  Superin- 
tendent of  Public  Instruction.  In  the  said  book  the  chairman  of 
the  board  of  trustees  shall,  with  pen  and  ink,  keep  a  careful  record 
of  the  following  facts:  The  name,  number  and  boundary  of  the 
district;  names  of  the  trustees,  and  when  each  elected  or  appointed 
and  qualified;  the  time  for  which  each  shall  serve;  each  annual 
census  as  reported  to  the  county  superintendent;  and  changes  of 
boundary  of  the  district;  the  dates  and  number  of  visits  of  the  trus- 
tees to  the  school;  a  copy  of  the  contract  with  the  teacher,  and  the 
grade  of  his  certificate;  each  district  election,  with  the  time  and 
purpose  and  names  of  its  officers;  each  meeting  of  the  trustees,  with 
the  purpose  thereof,  and  the  business  transacted;  the  beginning 
and  close  of  the  school  term,  with  the  holidays  and  vacations  there- 
in; the  money  received,  with  the  sources  thereof,  and  for  what  the 
same  has  been  disbursed;  each  levy  of  a  tax,  if  any,  and  such  other 
facts  as  the  county  superintendent  or  Superintendent  of  Public 
Instruction  may  require. 


DISTRICT  TRUSTEES.  45 

§77.    [Securing    Site,     Erecting     and      Locating 
School  house,  etc.] — The  trustees,  with  the  consent  of  the 
county  superintendent,  may  take  land,  by  purchase  or  donation,  for 
the  purpose  of  erecting  thereon  a  schoolhouse,  provide  for  and 
secure  the  erection  of  the  same,  construct  such  out-buildings  and 
inclosures  as  shall  be  conducive  to  the  protection  of  the  property 
and  the  comfort  and  decency  of  the  pupils  and  teachers;  make  re- 
pairs and  provide  the  necessary  furniture  and  apparatus;  but  the 
said  trustees  shall  not  buy  for  such  use  property  in  which  they  are 
either  directly  or  indirectly  interested.     They  shall  have  power  to 
recover  for  any  damages  that  may  be  done  the  property  in  their 
charge,  and  they  may  change,  the  location  of  the  schoolhouse,  sell 
or  dispose  of  the  old  site,  and  use  the  proceeds  thereof  towards  pro- 
curing a  new  one.     If  they  can  not  agree  with  the  owner  of  any 
land  most  suitable  for  a  schoolhouse  site  as  to  the  price  and  terms 
of  purchase  and  sale  thereof,  they  may  have  the  same  condemned 
in  the  manner  provided  for  condemning  lands  for  the  use  of  rail- 
road companies;  and  cause  a  deed  to  the  land  by  a  commissioner 
to  be  made  to  the  trustees  and  their  successors;  which  deed  shall 
be  duly  acknowledged  and  recorded  in  the  office  of  the  clerk  of 
the  county  court,  and  thereupon  the  fee-simple  title  to  said  lot  shall 
vest  in  said  trustees  and  their  successors  in  office;  but  they  shall 
not  have  the  right  to  condemn  any  private  property  which  is  used 
by  the  owner  as  a  residence,  garden,  orchard    or  burying  ground. 
The  quantity  of  land  thus  condemned  shall  in  no  case  exceed  one 
acre.     A  majority  of  the  school  electors  of  any  district,  within 
thirty  days  after  the  location  or  site  has  been  selected  by  the  trus- 
tees, may  appeal  from  the  decision  of  the  trustees  in  the  location 
of  the  schoolhouse,  or  site  for  the  same,  to  the  county  superinten- 
dent of  the  county,  whose  decision  in  the  case  shall  be  final.     In 
such  location  it  shall  be  made  as  near  as  practicable  to  the  center 
of  the  district  as  will  be  convenient  of  access  to  all  the  inhabitants 
of  the  district;  and  the  trustees  shall  make  provisions  for  such  roads 
or  passways  to  the  schoolhouse  as  will  accommodate  all  the  pupils 
who  may  be  entitled  to  attend,  and  may  apply  to  the  county  court 
having  jurisdiction  to  open  the  same  as  other  roadways  are  opened 
for  public  necessity  and  convenience.     But  where  there  is  no  road 
or  passway  from  the  residence  of  any  pupil  to  the  schoolhouse,  it 
shall  be  lawful  for  such  pupil,  in  attending  school,  to  walk  over  the 


46  DISTRICT  TRUSTEES. 

land  of  any  person  between  the  residence  of  such  pupil  and  the 
dchoolhouse.  No  toll  shall  be  collected  of  any  pupil  child  for  travel 
upon  any  turnpike  road  while  attending  a  common  school.* 

§  78.  [When  Schoolhouse  Condemned,  Etc.— Duty 
of    Trustees— Penalty     for     Neglect.] —Whenever  the 
county  superintendent  notifies  the  trustees,  in  writing,  that  a  school- 
house,  or  the  inclosures  thereof,  has  been  condemned,  and  needs 
repairing  or  additions,  or  that  the  furniture  or  apparatus  is  in- 
sufficient or,  in  any  case,  it  becomes  necessary  to  purchase  a  site 
to  build  a  new  schoolhouse,  then,  if  there  be  no  funds  available 
for  such  repairing  or  purchasing,  the  trustees  shall  levy  a  capitation 
tax  not  exceeding  one  dollar  per  school  year,  for  four  years,  on  each 
male  in  the  district  over  twenty-one  years  of  age,  or  an  ad  valorem 
tax,  not  exceeding  twenty-five  cents  on  each  one  hundred  dollars' 
worth  of  taxable  property  in  the  district  per  school  year,  or  both  a 
capitation  and  an  ad  valorem  tax,  to  be  collected  as  provided  in 
section  79 ;  and  such  tax  shall  be  applied  to  the  repairing  or  making 
additions,  or  to  the  purchase  of  a  site,  and  the  erection  and  furnish- 
ing of  a  schoolhouse  adapted  to  the  wants  of  said  district,  or  to  the 
equipment  of  the  schoolhouse  with  furniture  or  illustrative  apparatus. 
In  cases  of  an  emergency,  the  trustees  of  a  district  may,  in  their  cor- 
porate capacity,  borrow  a  sufficient  sum  of  money  to  repair  or  erect 
and  furnish  a  schoolhouse:     Provided,  The  sum  so  borrowed  shall 
not  exceed  an  amount  that  can  be  paid  off  in  four  years  at  the  rate 
of  taxation  set  forth  in  this  section:    And  provided  further,  That 
in  districts  in  which  schoolhouses  have  been  built,  where  a  three- 
year  tax  was  levied  and  collected  and  proved  insufficient,  and  where 
there  is   any  part  of  the   cost   of   construction  of   such   school- 
house,  or  purchasing  site  upon  which  to  build,  or  for  school  furni- 
ture, remaining  unpaid,  the  trustees  shall  levy  an  additional  tax 
sufficient  to  pay  off  all  indebtedness.     In  all  suits  arising  in  the 
collection  of  taxes  under  this  chapter,  the  county  attorney  shall 
act  as  attorney  for  the  trustees,  and  shall  receive  for  such  service 
such  compensation  as  may  be  allowed  by  the  fiscal  court.     The 
amount  collected  from  said  district  shall  be  paid  out  on  the  order 

"Chapter  2?,  Acts  of  Assembly,  1896,  section  4.  The  managers  of  any  turnpike  road 
snail  permit  ministers  of  the  Gospel  to  travel  on  the  road  without  paying  toll  when  on 
ministerial  duty;  and  shall  charge  no  toll  against  scholars  going  to  or  from  school,  or 
against  persons  who  are  going  to  or  from  their  accustomed  place  of  worship-  and  fun- 
eral processions  going  to  and  returning  from  place  of  burial;  but  if  any  other  person  • 
than  scholars  going  to  and  returning  from  school,  and  the  driver,  shall  occupy  a  vehicle, 
full  toll  shall  be  charged  and  collected  for  such  vehicle. 


DISTRICT  TRUSTEES.  47 

of  the  trustees.     If  the  trustees  of  any  common  school  district  fail, 
for  the  period  of  one  year  after  the  building  of  the  schoolhouse  has 
been  properly  ordered,  to  have  a  good  and  sufficient  schoolhouse  in 
their  district  equipped  with  the  furniture  and  apparatus  herein 
prescribed,  each  of  them  shall  be  guilty  of  a  misdemeanor.     The 
county  superintendent  shall  report  such  failure  to  the  grand  jury 
at  its  next  meeting,  and,  upon  indictment  and  conviction,  each 
of  said  trustees  shall  be  fined  not  less  than  twenty-five  nor  more 
than  one  hundred  dollars,  unless  he  can  show  a  good  and  satisfac- 
tory reason  for  such  failure.     Each  schoolhouse,  including  the  site, 
furniture  and  apparatus,  shall  have  a  property  value  of  not  less 
than  one  hundred  and  fifty  dollars.     Each  schoolhouse  hereafter 
erected  shall  have  a  floor  space  of  not  less  than  ten  square  feet  to 
each  pupil  in  the  district;  shall  be  at  least  ten  feet  between  floor 
and  ceiling;  shall  have  at  least  four  windows,  one  or  more  fire 
places,  with  chimneys  made  entirely  of  brick  or  stone,  or  a  suffici- 
ent number  of  stoves  or  other  heating  apparatus,  with  safe  flues, 
to  warm  the  room  in  the  coldest  weather;  one  or  more  doors,  with 
locks  and  keys,  which  shall  be  kept  during  the  vacations  by  the 
chairman  of  the  trustees,  who  shall  be  liable  for  any  damage  oc- 
curring   on    account    of    neglect.       The    trustees    shall    furnish 
each   schoolhouse   with   at   least   the   following   articles   of   fur- 
niture and  apparatus,  and  the  teacher  shall,  at  the  close  of  the 
school  of  each  year,  deliver  a  complete  inventory  of  the  said  articles 
to  the  chairman  of  the  trustees:     Teacher's  desk  and  chair;  a  seat, 
patent  or  otherwise,  with  back,  for  each  child,  the  height  of  the  seat 
and  its  back  to  suit  the  age  of  the  child — no  desk  or  bench  to  be 
made  to  accommodate  more  than  two  children;  writing  desks  for  all 
the  pupils;  blackboard  space  of  at  least  fifty  square  feet;  water- 
stand;  and  the  trustees  may  furnish  gong  or  call-bell;  terrestrial 
globe;  wall-map  of  the  world,  wall-map  of  the  United  States,  and 
a  wall  county  map  of  Kentucky,  and  such  charts  upon  reading,  writ- 
ing, physiology,  and  so  forth,  as  the  trustees  may  select;  and  the 
trustees  are  authorized  to  have  said  houses  and  furniture  insured 
against  damage  by  fire  or  other  casualty.     The  expenses  incurred 
from  such  insurance  to  be  paid  out  of  the  funds  raised  for  general 
district  purposes.     Acts  of  1894. 


48  DISTRICT  TRUSTEES. 

§79.  [Levying   and    Collecting    District   Taxes.]— 
Whenever  there  shall  be  a  tax  levied  in  any  common  school  dis- 
trict, or  graded  school  district,  it  shall  be  the  duty  of  the  trustees 
to  appoint  a  district  treasurer,  who  shall  hold  his  office  four  years 
and  until  his  .successor  is  appointed  and  qualified,  unless  sooner 
removed  by  the  county  superintendent,  which  he  may  do  for  any 
failure  on  the  part  of  said  treasurer  to  discharge  his  duties  as  re- 
quired by  law.     Before  the  treasurer  shall  enter  upon  the  discharge 
of  his  duties,  he  shall  execute  bond,  in  the  name  of  the  Common- 
wealth of  Kentucky,  to  the  board  of  trustees,  in  a  sum  equal  to 
double  the  amount  of  taxes  to  be  collected,  with  one  or  more  suffi- 
cient sureties,  to  be  approved  by  the  county  judge  or  a  justice  of 
the  peace,  for  the  faithful  performance  of  his  duties;  which  bond 
shall  be  renewed  every  year.     The  tax  shall  be  levied  on  the  prop- 
erty of  the  district  as  may  be  assessed  and  equalized  for  county 
taxation  immediately  preceding  the  levy  by  the  trustees;  and  with- 
in ten  days  after  said  levy,  it  shall  be  the  duty  of  the  district  treas- 
urer, with  the  assistance  of  the  county  superintendent,  to  make,  or 
cause  to  be  made  from  the  assessor's  book,  as  equalized  for  county 
taxation,  and  the  records  of  assessments  of  property  as  filed  by 
the  railroad  commissioners  or  board  of  assessment  in  the  office 
of  the  county  clerk,  a  list  of  the  names  of  all  persons  or  corporations 
liable  for  such  taxes,  and  the  amount  of  property  owned  by  each 
and  liable  therefor,  and  the  total  amount  of  taxes  due  from  each, 
and  shall  file  a  copy  of  list  with  board  of  trustees.     The  treasurer 
shall  collect  all  taxes  levied  for  common  school  purposes  on  the 
property  of  the  district.     The  holder  of  the  legal  title,  and  the 
holder  of  the  equitable  title,  and  the  claimant  or  bailee  in  posses- 
sion of  the  property  on  the  fifteenth  day  of  September  of  the  year 
the  assessment  is  made,  shall  be  liable  for  the  taxes  thereon;  but, 
as  between  themselves,  it  shall  be  the  duty  of  the  holder  of  the 
equitable  title  to  list  the  property,  and  pay  the  taxes  thereon, 
whether  the  property  be  in  possession  or  not  at  the  time  of  the 
payment.     The  board  of  trustees  shall,  within  five  days  after  such 
tax  list  shall  have  been  delivered  to  the  chairman,  fix  the  time  in 
which  such  taxes  shall  be  paid  to  the  district  treasurer,  which  shall 
not  be  less  than  two  nor  more  than  four  months  from  the  time  of 
making  such  order.     The  board  shall  cause  written  or  printed  no- 
tices of  the  amount  of  the  levy,  and  the  time  and  place  in  which 


DISTRICT  TRUSTEES.  49 

the  tax  is  required  to  be  paid,  to  be  posted  in  at  least  three  public 
places  in  the  district.  It  shall  be  the  duty  of  all  tax-payers  to  pay 
their  taxes  to  the  treasurer  at  the  time  and  in  the  place  designated 
in  the  notice.  On  failure  of  any  such  tax-payer  to  pay  his  taxes 
within  such  designated  period,  he  shall,  at  the  expiration  there- 
of, be  deemed  delinquent,  and  a  penalty  of  five  per  centum  of  the 
amount  of  the  taxes  due  shall  attach  against  each  delinquent  at 
the  expiration  of  the  period  for  receiving  the  taxes.  It  shall  then 
be  the  treasurer's  duty  to  collect  such  delinquent  taxes,  and  levy 
on  and  sell  property  therefor,  and  make  report  thereof  to  the  board 
of  trustees.  The  treasurer  shall  collect  the  taxes  within  ninety 
days  after  receiving  the  list  by  gale  of  property  or  otherwise.  He 
shall  have  the  same  power  that  the  sheriff  now  has  in  the  collection 
of  State  and  county  revenue,  and  proceed  in  the  same  manner  and 
receive  the  same  compensation  as  the  sheriff  was  entitled  to  receive; 
and  for  a  failure  to  perform  this  duty,  and  other  duties  mentioned 
in  this  section,  he  shall  be  liable  on  his  bond;  and  all  such  delin- 
quent lists  as  may  now  be  in  the  hands  of  the  sheriffs  in  this  Com- 
monwealth uncollected,  shall  be  returned  to  the  district  treasurer 
for  collection  under  this  amendment,  and  such  as  have  been  wholly 
or  partly  collected  by  sheriffs  shall  be  accounted  for  as  provided 
in  the  original  act.  The  treasurer  shall,  in  his  annual  report  to  the 
trustees  and  to  the  county  superintendent,  make  an  itemized  state- 
ment of  the  amount  levied,  the  purpose  of  such  levy,  the  itemized 
amount  collected,  the  amount  disbursed,  and  the  amount  still  on 
hand.  In  case  of  vacancy  by  resignation  or  removal,  the  treasurer 
shall  make  settlement  with,  and  turn  over  all  moneys  to,  the 
county  superintendent  immediately  following  such  resignation  or 
removal.  The  treasurer  and  county  superintendents  holding 
money  for  districts  shall  pay  out  same  on  order  of  board  of  trustees 
for  said  districts.  [Acts  of  1894.] 

§80.  [Tax  for  Incidental  Expenses.]— Unless  there 
are  sufficient  funds  on  hand  which  may  be  used  to  pay  the  contin- 
gent expenses  incident  to  conducting  the  school  comfortably,  the 
trustees  shall  assess,  and  the  treasurer  of  the  district  shall  collect, 
a  capitation  tax  of  one  dollar  and  fifty  cents,  or  less  on  all  persons 
having  children  attending  the  common  school  of  the  district;  the 
same  to  be  collected  as  provided  hi  section  79,  and  used  to  pay  for 
4 


50  DISTRICT  TRUSTEES. 

fuel  and  other  things  needful  to  keep  warm,  clean  and  comfortable 
the  house  wherein  the  school  is  conducted. 

§  81.  [Shall  Employ  and  May  Remove  Teacher.]— 

The  trustees  in  their  corporate  capacity,  at  a  meeting  called  for  that 
purpose,  shall  employ  a  qualified  teacher,  agree  with  him  as  to 
compensation,  and  for  good  cause,  of  which  he  be  first  notified  in 
writing,  remove  him,  subject  to  the  approval  of  the  county  superin- 
tendent. The  contract  between  the  teacher  and  trustees  shall  not 
be  entered  into  before  the  first  of  July  of  the  calendar  year  in  which 
the  school  is  to  begin.  No  teacher  shall  be  employed  until  after  the 
election  and  qualification  of  the  new  board  of  trustees.  It  shall 
expressly  prescribe  that  its  terms  are  subject  to  all  the  provisions 
of  the  common  school  laws,  and  shall  be  in  writing,  signed  by  the 
teacher,  and  at  least  two  of  the  trustees.  Whenever  a  teacher  is 
entitled  to  a  payment  for  having  taught  a  common  school,  it  shall 
be  the  duty  of  the  trustees  of  the  district  to  certify  that  the  school 
has  been  legally  taught  for  the  period  specified.  No  person  shall 
be  allowed  to  teach  a  private  or  other  school  in  any  district  school- 
house,  unless  he  be  of  good  moral  character,  and  have  the  consent 
of  not  less  than  twro  of  the  trustees  of  the  district  in  which  said 
school  is  to  be  taught. 

§82.  [Shall  Visit  Parents  to  Secure  Attendance 
of  Children  at  School.] — During  the  two  weeks  preceding 
the  opening  of  the  school,  the  trustees  shall  visit  all  the  parents  of 
pupil  children,  and  urge  upon  them  the  necessity  of  prompt  and 
regular  attendance  at  school.  They  shall  make  careful  inquiry 
as  to  whether  any  children  are  unable  to  purchase  the  necessary 
books,  and  immediately  report  the  names  of  all  such  children  to 
the  county  superintendent  only.  During  the  progress  of  the  school, 
the  trustees  shall  ascertain  the  causes  of  all  non-attendance  of  chil- 
dren, and  shall  remove  such  causes,  if  practicable. 

§83.  [Regular  Duties  at  the  Schoolhouse  Dur- 
ing Session  of  the  School.] — The  board  of  trustees  shall 
meet  at  the  schoolhouse  on  the  day  of  the  opening  of  the  school, 
and  at  the  same  place  at  least  once  a  month  thereafter  during  the 
session  of  the  school.  At  each  meeting  they  shall  carefully  ex- 
amine the  teacher's  register,  and  shall  consider:  (1)  The  condition 
of  the  schoolhouse,  furniture,  apparatus  and  surroundings;  (2) 


DISTRICT  TRUSTEES.  51 

the  work  of  the  school;  (3)  the  attendance,  and  how  to  increase 
it;  (4)  the  needs  of  the  school,  such  as  fuel,  brooms,  buckets,  cray- 
ons, desks,  blackboards,  books,  etc.  They  shall  provide  for  any  de- 
ficiency that  may  exist  in  any  of  these  respects,  and  see  that  the 
regulations  for  the  government  of  the  school  are  complied  with, 
and  that  the  teacher  performs  his  duty;  they  shall  see  that  a  suffi- 
cient supply  of  good  water  is  furnished  within  easy  access  of  the 
schoolhouse  for  the  benefit  of  the  school  during  the  term  of  school. 
Upon  complaint  of  the  teacher,  in  writing,  the  trustees  shall  have 
power,  after  investigation,  to  suspend  a  pupil  or  expel  him  from 
school.  When  the  trustees  shall  ascertain  by  examining  the 
teacher's  register  or  monthly  report  that  the  average  daily  attend- 
ance of  twenty  consecutive  days  taught  has  been  less  than  twenty- 
five  per  cent,  of  the  total  number  of  pupil  children  of  the  district,  as 
shown  by  the  last  census,  they  shall,  with  the  consent  of  the  county 
superintendent,  dismiss  the  teacher,  and  employ  another  teacher  to 
complete  the  session  of  the  school,  unless  they  shall  be  satisfied  that 
the  decreased  attendance  was  due  to  such  natural  cause  as  high 
water,  extremely  inclement  weather,  epidemics,  or  unusual  sick- 
ness in  the  district.  (Acts  of  1894.) 

§84.  [Duty  in  case  of  any  Infectious  or  Contagi- 
ous Disease.] — When  any  family  shall  have  any  infectious  or 
contagious  disease,  no  member  of  such  family  shall  attend  any 
school  until  the  trustees  thereof  shall  allow  them  to  do  so;  and  dur- 
ing the  prevalence  in  the  district  of  dangerous  epidemics  the  trus- 
tees shall  order  the  school  closed;  but  the  teacher  shall  not  be  re- 
quired to  lose  the  time  of  this  forced  suspension,  unless  so  stipu- 
lated in  his  contract. 

§85.  [Annual  Census— Its  Character  and  Re- 
quirements—Penalty for  Fraud.] — It  shall  be  the  duty 
of  the  trustees  of  each  district,  annually,  during  the  month  of  April, 
to  take  an  exact  census  of  all  the  children  that  reside  in  such  dis- 
trict on  the  first  day  of  April  who  will  be,  on  the  first  day  of  July 
following,  between  the  ages  of  six  and  twenty  years,  and  on  or  be- 
fore the  first  day  of  May  report  a  list  of  the  same  to  the  county 
superintendent,  and  a  duplicate  list  to  the  clerk  of  the  county  court, 
to  be  filed  in  his  oflice,  specifying  the  name,  age,  sex  and  names  of 
the  parents  or  guardians  of  each  child,  to  be  entered  in  a  book  fur- 


52  DISTKICT  TRUSTEES. 

nished  him  by  the  State,  and  kept  as  part  of  the  records  of  his 
office.  Should  said  trustees  willfully  add  to  the  list  the  names  of  per- 
sonsnot  entitled  to  be  placed  on  same,  or  otherwise  knowingly  make  a 
false  list,  such  person  thus  offending  shall,  in  addition  to  being  liable 
to  punishment  for  the  crime  of  false  swearing,  be  subject  to  a  fine 
of  not  less  than  fifty  dollars;  and  should  any  other  school  officer 
be  a  party  to  such  fraudulent  lists,  or  any  way  aid  in  the  com- 
mission of  such  fraud,  ne  shall  be  liable  to  the  same  punishment. 
For  a  failure  to  take  such  census  and  report  the  same  within  the 
time  and  in  the  manner  herein  required,  the  trustees  shall  be  liable 
to  a  fine  of  not  less  than  twenty  dollars ;  and  said  trustees  shall  not 
take  the  census  of  any  children  who  have  recently  removed  into 
the  district,  and  who  have  been  previously  reported  in  the  census 
of  the  pupil  children  for  the  year  in  the  district  from  which  they 
have  removed,  or  who  had  recently  removed  into  the  district  from 
another  State  or  county;  but  any  pupil  child  who  may  not  have 
been  reported  in  the  district  in  which  he  resides  may  attend  the  com- 
mon school  without  payment.  This  section  shall  be  printed  in  the 
census  blanks  furnished  by  the  Superintendent  of  Public  Instruc- 
tion. 

§86.  [Report    School   Taught— Annual   Report. ]- 

At  the  termination  of  each  school  year  the  trustees  shall  make  a 
report  to  the  county  superintendent,  showing,  in  tables  of  details 
and  aggregates,  the  length  of  time  taught,  the  highest,  lowest  and 
average  number  of  children  at  school;  the  cost  of  tuition  of  each 
child  for  the  session  and  per  month ;  the  number  of  private  schools, 
academies  and  colleges  taught  in  the  district,  and  length  of  sessions 
of  the  same;  the  number  of  teachers  employed,  male,  female  and 
total,  for  the  common  schools;  the  wages  of  male  or  female  teachers; 
the  amount  of  money  raised  for  common  school  purposes  in  the  dis- 
trict by  county  and  district  tax  or  otherwise,  and  for  what  the  same 
was  disbursed;  the  kind  and  value  of  schoolhouses,  and  the  number 
of  volumes  in  district  library,  if  any;  and  any  other  information 
required  of  them  by  the  county  superintendent  touching  the  school. 
§87.  [Chairman  Shall  Sign  His  Reports— Penalty 
For  Failure  to  Make  Any.] — The  chairman  of  the  board  of 
trustees  shall  sign  all  reports  made  by  him;  and,  for  a  failure  to 
make  any  such  report  within  thirty  days  after  the  same  is  required 


DISTRICT  TRUSTEES.  53 

by  law,  shall  be  subject  to  a  fine  of  twenty  dollars,  and,  besides, 
shall  be  liable  to  an  action  for  damages  by  any  person  injured 
thereby. 

§  88.  [Penalty  For  Buying  Teachers'  Claim  and 
For  Fraud  in  Employing  Teachers.]— No  trustee  shall 
be  allowed  to  buy  any  teacher's  claim,  directly  or  indirectly,  under 
the  penalty  of  removal  from  office  by  the  county  superintendent. 
Any  teacher  who  shall  offer  or  give,  directly  or  indirectly,  and  any 
trustee  who  shall  ask  or  accept,  directly  or  indirectly,  either  for 
himself,  for  another  trustee,  for  the  district,  the  school  or  the  school- 
house,  any  valuable  consideration  other  than  the  services  of  the 
teacher  for  employing,  or  for  being  a  party  to  employing  any 
teacher,  shall  be  deemed  guilty  of  bribery,  and  upon  indictment  and 
conviction  thereof,  shall  be  fined  as  provided  by  law  for  the  punish- 
ment of  bribery. 

§89.  [Penalty  For  Neglect  of  Duty  or  For  Mis- 
feasance in  Office.] — For  any  neglect  of  duty  or  misfeas- 
ance or  malfeasance  in  office,  the  trustees  shall,  in  addition  to  being 
fined  as  aforesaid,  be  removed  from  office  by  the  county  superin- 
tendent, who,  in  investigating  such  matters,  as  well  as  the  matters, 
set  out  in  sections  55,  133,  136,  shall  have  the  same  power  to  issue 
subpoenas  and  attachments  for  witnesses,  and  to  compel  their  attend- 
ance and  testimony,  as  is  possessed  by  the  judge  of  the  quarterly 
court  in  examining  trials  of  persons  charged  with  offenses  against 
the  law;  and  sheriffs,  constables  and  marshals  shall  be  under  the 
same  obligations  and  subject  to  the  same  penalties  for  neglect  or 
refusal  to  execute  the  orders  of  said  superintendent  as  for  refusal 
or  neglect  to  execute  the  orders  of  the  judge  of  the  quarterly  court 
of  the  county,  and  from  the  decision  of  the  county  superintendent 
any  party  aggrieved  may  appeal  to  the  Superintendent  of  Public 
Instruction.  [Acts  of  1894.] 

§90.  [For  Services,  Chairman  Exempt  From  Cer- 
tain Duties.] — The  chairman  of  the  board  of  trustees,  in  con- 
sideration of  his  services,  shall  be  exempt  from  duty  as  overseer  or 
a  hand  upon  a  public  highway,  and  from  militia  duty. 

§91.  [Penalty  For  Willful  Failure  or  Neglect. ]- 
If  any  person  who  is  elected  or  appointed  trustee  of  a  common 
school  under  the  provisions  of  this  act,  shall  willfully  fail  or  neg- 


54  DISTEICT  TAXATION. 

lect,  after  having  accepted  said  office,  to  perform  the  duties  im- 
posed upon  him  herein,  he  shall  be  fined  fifty  dollars  therefor. 

§92.  [Duty  to  Successor.] — A  trustee:  when  he  resigns, 
vacates,  is  removed,  or  goes  out  of  office,  shall,  within  ten  days 
thereafter,  deliver  to  his  successor  any  money,  property,  books  or 
papers  in  his  custody  as  trustee;  and  for  failure  therein,  he  may  be 
fined  any  sum  not  exceeding  fifty  dollars;  and  it  shall  be  the  duty 
of  the,  county  superintendent  to  report  all  such  defaults  to  the 
grand  jury. 

IX.    DISTRICT  TAXATION. 


93.  Levy  of  district  tax  in  aid  of  com- 

mon schools,  contingent  upon  the 
will  of  the  people. 

94.  How  will  of  the  people  determined; 

qualified  voters  ;  notices  of  tax, 
stating  amount  and  object  of  tax, 
and  time  and  place  of  voting,  shall 
be  duly  posted;  when  district  lines 
pass  through  the  lands  of  one  per- 
son, where  taxes  shall  be  levied  and 
paid. 

95.  Question  of  local  taxation  may  be 

submitted  at  any  time  once  a  year, 
after  notices  duly  posted;  when 
amount,  object  and  length  of  time 
clearly  and  distinctly  stated,  tax 
may  be  voted  for  three  successive 


\  96.  Duties  of  officers  of  election  pre- 
scribed; in  case  majority  ot  voters 
in  favor  of  tax,  duty  of  County 
Superintendent  and  of  Treasurer. 

97.  Assessment,    collection,     etc.,    gov- 

erned by  \  79. 

98.  In  his  annual  report  to  the  Superin- 

tendent of  Public  Instruction,  the 
County  Superintendent  shall  make 
report  of  amount  of  money  thus 
raised  and  how  appropriated. 

99.  A  tax  under  the  foregoing  sections, 

shall  not  exceed,  in  any  one  year, 
twenty-five  cents  on  the  hundred 
dollars'  worth  of  taxable  property 
in  the  district,  and  one  dollar  on 
each  poll. 


years. 

§93.  [District    Tax— Levy   of,    When    Lawful.]— If 

any  common  school  district  in  the  State,  in  which  the  clearly  ascer- 
tained will  of  the  people  shall  be  in  favor  of  a  district  tax  in  aid 
of  the  common  school  therein,  the  levying  of  such  a  tax  therein  shall 
be  lawful. 

§94.  [How  Will  of  the   People   Determined.]— The 

will  of  the  people  of  any  district  in  relation  to  such  a  tax  therein 
shall  be  determined  by  a  vote  of  the  qualified  voters  thereof  at 
the  time  and  place  and  in  the  manner  prescribed  in  section  72 
of  this  chapter  for  the  election  of  district  trustees;  and  any  widow 
or  spinster  residing  in  any  school  district,  who  is  a  tax-payer,  or 
who  has  children  within  the  ages  fixed  by  the  common  school  laws 
to  be  educated,  shall  be  deemed  a  qualified  voter  under  this  chapter. 
But  previously  to  the  taking  of  such  a  vote,  printed  notices,  signed 
by  the  county  school  superintendent  of  the  county  in  which  such  dis- 
trict lies,  and  by  a  majority  of  the  trustees  of  such  district,  stating 
the  amount  and  object  of  the  tax  proposed  to  be  raised,  and  the 


DISTINCT  TAXATION.  55 

time  and  place  of  taking  the  vote,  shall  have  been  posted  by  the 
chairman  for  fifteen  days,  at  three  or  more  prominent  places  in  the 
district;  and  when  lines  dividing  school  districts  pass  through  the 
lands  of  any  person,  dividing  the  same,  the  taxes  shall  be  levied  and 
paid  to  the  district  where  the  homestead  may  be  situated. 

§95.  [Local  Taxation— When  and  How  Submit- 
ted.— The  question  of  district  taxation  may  be  submitted  to  the 
legal  voters  of  the  district  every  school  year;  but  when  the  amount, 
object  and  length  of  time  are  distinctly  stated  to  the  voters,  the 
tax  may  be  voted  at  one  election,  to  continue  three  successive  years. 
The  proceeds  of  such  tax  shall  be  expended  for  any  of  the  objects 
herein  specified,  and  for  no  other  object.  The  extension  of  the  com- 
mon school  for  a  longer  term,  the  better  payment  of  the  teacher 
thereof. 

§96.  [Duties  of  Officers   of  the    Election,    Etc.]— 

It  shall  be  the  duty  of  the  officers  holding  the  election  to  open  the 
poll,  and  an  officer  of  the  election  shall  propound  to  each  voter  who 
votes,  the  question:  "Are  you  in  favor  of  the  district  school  tax?" 
and  his  vote  shall  be  recorded  for  or  against  said  tax  as  he  directs. 
The  officers  of  the  election  shall  return  a  fair  and  true  record  of 
the  votes  taken  for  and  against  such  tax,  certified  and  sworn  to  by 
themselves,  before  some  officer  authorised  to  administer  oaths,  to 
the  county  school  superintendent;  and  if  it  be  found  that  a  majority 
of  those  voting  shall  have  voted  in  favor  of  such  district  tax,  it 
shall  be  the  duty  of  the  county  superintendent  to  furnish  the  district 
treasurer  with  the  boundary  of  the  district,  and  said  treasurer  shall 
collect  said  district  tax. 

§97.  [Assessment, Etc., How  Governed.]— The  assess- 
ment of  property,  the  collection  of  taxes,  the  powers  and  duties  of 
trustees  and  oilier  officers  under  this  article,  shall  be  governed  by 
section  seventy-nine  of  this  chapter. 

§98.  [Report  by  County  Superintendent.]— The 
county  superintendent  shall,  in  making  his  annual  report  to  the 
Superintendent  of  Public  Instruction  of  the  schools  taught  in  his 
county,  make  report  also  of  the  amount  of  money  thus  raised,  and 
the  manner  in  which  it  has  been  appropriated. 


56 


GKADED  COMMON  SCHOOLS. 


§  99.  [Limit  of  Tax  in  Any  One  Year]— The  tax  allowed 
under  the  foregoing  sections  shall  not  exceed  twenty-five  cents 
in  any  one  year  on  the  one  hundred  dollars'  worth  of  taxable  proper- 
ty in  the  district,  and  one  dollar  on  each  white  male  person  twenty- 
one  years  of  age  or  over,  and  the  provisions  of  section  [79  ]  shall 
apply  to  any  tax  imposed  under  this  article. 


X.     GRADED  COMMON  SCHOOLS. 


\  100.  Conditions  on  which  a  graded  free 
school  district  may  be  formed  and 
a  graded  free  school  established. 
Duties  of  County  Judge. 

101.  Duty  of  County  Court  Clerk  to  give 

within  ten  days,  to  Sheriff  a  certi- 
fied copy  of  order  when  made  by 
County  Judge. 

102.  When  duty  of  Sheriff,  or  other  offi- 

cer who  may  /  hold  election,  to 
publish,  advertise,  and  post  no- 
tices of  election. 

103.  Question    proposed   to  each  voter 

who  votes;  votes  shall  be  duly 
recorded. 

104.  If  a  majority  of   the  legal   white 

voters  entitled  to  vote,  cast  their 
vote.s  in  favor  of  said  tax,  it  shall 
be  the  duty  of  the  County  Judge, 
with  the  assistance  of  the  Coun- 
ty Superintendent  of  common 
schools,  to  organize  a  graded  free 
school. 

105.  Each    graded  free    school  district 

when  organized,  is  incorporated 
and  under  a  board  of  six  Trustees, 
elected  at  the  same  time  and 
place,  and  by  the  same  persons 
who  vote  the  tax. 

106.  Style,  province,  and  powers  of  the 
Board  of  Trustees  ;  title  tc  all  prop- 
erty of  graded  free  schools  vests  in 
said  board  and  their  successors  in 
office. 

107.  Classification  of  Trustees  by  lot;  re- 

spective terms  of  office;  success- 
ors shall  be  elected  at  the  same 
time  and  for  the  same  term  as 
Trustees  of  common  schools ;  va- 
cancy, how  filled  and  for  what 
terra. 

108.  Trustees,   before    entering   on   the 

discharge  of  their  duties,  shall 
take  oath  of  office. 

109.  Trustees  may  adopt  proper  by-laws 

and  rules  for  the  control,  govern- 
ment, and  management  of  the 
graded  free  school,  and  shall  keep 
a  journal  of  their  proceedings 
subject  to  inspection  by  any  citi- 
zen of  the  district. 


;  110.  Appointment,  employment,  com- 
pensation, examination,  and  qual- 
ifications of  teachers ;  course  of 
study. 

111.  Secretary  of  city  board   must   re- 

port to  Superintendent  of  Public 
Instruction. 

112.  Board  of    Trustees    shall    elect  a 

President  and  Secretary  and  pre- 
scribe their  duties;  reports  and 
publication  required  annually. 

113.  Free  tuition  to  resident  white  pupil- 

children. 

114.  Terms  of  admission  to   other  per- 

sons than  resident  pupil  children. 

115.  Board  of  Trustees  shall  have  power 

to  appoint  a  Treasurer,  who  shall 
duly  execute  bond  with  sufficient 
securities;  duties  and  responsibil- 
ities of  Treasurer. 

116.  The  County  Superintendent  of  com- 

mon schools  shall  annually  and 
promptly  pay  to  the  Treasurer  of 
any  graded  free  school  district, 
duly  organized  and  operating  in 
his  county,  the  pro  rata  of  the 
State  and  county  funds  due  said 
district. 

117.  Board    of    Trustees    shall  provide 

funds  for  purchasing  suitable 
grounds  and  buildings  and  other 
needful  expenses  for  conducting  a 
good  graded  free  school ;  issuance 
of  bonds — limitation  in  amount 
and  time,  denomination,  interest 
of,  and  management,  how  sold  and 
applied. 

118.  Levy   of   annual    tax   on    taxable 

property  and  levy  of  capitation 
tax — provision  for  sinking  fund. 

119.  Assessment,    collection,  etc.,  to  be 

governed  by  \  79. 

120.  Title  to  all  common   school   prop- 

erty within  graded  free  school  dis- 
trict duly  organized,  and  power  to 
sell  and  convey  same,  vested  in 
the  Board  of  Trustees. 

121.  After  first  election  and   organiza-' 

tion  of  graded  free  school,  Board 
of  Trustees  shall  appoint  officers  of 


GKADED  COMMON  SCHOOLS.  57 


X.     GRADED  COMMON  SCHOOLS— (Continued.) 


elections,  their  responsibilities, 
penalties,  and  power-. 

122.  When     proposition     to     establish 

school  fails,  a  vote  may  be  had 
again  in  two  years. 

123.  Provisions  of  this  act  shall  apply  to 

suth  graded  free  school  districts  as 
may  be  organized  by  the  colored 
people  of  this  Commonwealth. 

124.  Provisions  as  to  cities  of  fifth  and 

sixth  classes,  and  school,  organ- 
ized by  special  act. 

125.  Provisions  as  to  first,  second,  third, 

and  fourth  class  cities. 

126.  Tax   to  complete   school  buildings 

and  pay  debt  contracted  under  old 


127.  Interest  on  bonds  not  to  exceed  6 

per  cent.  Bonds  must  be  issued 
majority  by  of  the  Trustees— pay- 
able in  amounts  and  at  times  and 
places  determined  by  them. 

128.  How  assessment  and  collections  are 

to  be  governed. 

129.  Tax  to  pay  bonds  and  interest  lev- 

ied on  second  Monday  in  May 
annually. 

130.  Bonds  must  be  signed  by  the  Chair- 

man of  Board,  and  countersigned 
by  Secretary.  Treasurer  must  set- 
tle on  first  Monday  in  January, 
each  year,  or  may  be  required  to 
do  so  quarterly. 


constitution. 

§100.  [Conditions    for"    Establishing     a     Graded 

Free  School  District  and  School.]— Tt  sha11  be  the  dut? 
of  the  county  judge  in  each  county  of  this  Commonwealth,  upon  a 

written  petition,  signed  by  at  least  ten  legal  voters,  who  are  tax- 
payers in  the  justice's  district,  town  or  city  of  the  fifth  or  sixth 
classes  in  his  county,  to  make  an  order  on  his  order-book  at  the  next 
regular  term  of  this  court  after  he  receives  said  petition,  fixing 
the  boundary  of  any  proposed  graded  common  school  district,  as 
agreed  on  by  the  county  judge  and  the  petitioners,  and  directing  the 
sheriff,  or  other  officer  whose  duty  it  may  be  to  hold  the  election, 
to  open  a  poll  in  said  proposed  graded  common  school  district  at 
the  next  regular  State,  town  or  city  election  to  be  held  therein, 
or  on  any  other  day  fixed  by  said  judge  in  said  order,  not  in  either 
case  earlier  thn  forty  days  from  the  date  of  said  order,  for  the  pur- 
pose of  taking  the  sense  of  the  legal  white  voters  in  said  proposed 
graded  common  school  district  upon  the  proposition  whether  or  not 
they  will  vote  an  annual  tax,  in  any  sum  named  in  said  order,  not 
exceeding  fifty  (50)  cents  on  each  one  hundred  dollars  ($100)  of  prop- 
erty assessed  in  said  proposed  graded  common  school  district,  town 
or  city,  belonging  to  said  white  voters,  or  a  poll  tax  in  any  sum 
named  in  said  order  not  exceeding  one  dollar  and  fifty  cents  ($1.50) 
per  capita  on  each  white  male  inhabitant  over  twenty-one  (21)  years 
of  age  residing  in  said  proposed  graded  common  school  district,  or 
both  an  ad  valorem  and  a  poll  tax,  if  so  stated  in  the  said  order, 
for  the  purpose  of  maintaining  a  graded  common  school  in  said 
proposed  graded  common  school  district,  and  for  erecting,  purchas- 
ing or  repairing  suitable  buildings  therefor  if  necessary:  Provided, 


58  GEADED  COMMON  SCHOOLS. 

That  the  proposition  to  establish  any  graded  common  school  dis- 
trict and  school,  as  provided  for  in  this  section,  is  approved  in  writ- 
ing on  the  petition  to  the  county  judge  by  a  majority  of  the  trustees 
of  any  common  school  district,  included  wholly  or  partly  within 
the  boundary  of  said  proposed  graded  common  school  district,  and 
approved  in  writing  on  said  petition  by  the  county  superintendent 
of  common  schools;  that  no  point  on  the  boundary  of  any  proposed 
graded  common  school  district  be  more  than  two  and  one-half 
miles  from  the  site  of  its  proposed  schoolhouse,  and  that  the  loca- 
tion and  site  of  said  schoolhouse  in  said  district  are  set  out  with 
exactness  in  said  petition  to  the  county  judge. 

§  101.  [Duty  of  County  Clerk.]— It  shall  be  the  duty  of 
the  county  court  clerk  to  give  to  said  sheriff  or  other  officer  a  cer- 
tified copy  of  the  order  of  the  judge  of  the  county  court,  as  it 'ap- 
pears in  his  order-book,  within  ten  days  after  said  order  is  made. 

§  102.  [Duties  of  Sheriff  or  of  Other  Officer 
Who  May  Hold  Election.]— It  shall  be  the  duty  of  said  sher- 
iff or  other  officer  to  have  the  order  of  the  county  judge  published 
in  some  weekly  or  daily  newspaper  published  in  the  county  for 
at  least  twenty  days  before  the  election,  and  also  to  advertise  the 
same  by  printed  or  written  handbills,  posted  at  five  conspicuous 
places  in  said  proposed  graded  common  school  district,  for  the  same 
length  of  time;  but  if  there  be  no  daily  or  weekly  newspaper  pub- 
lished in  the  county,  the  printed  or  written  handbills,  posted  as  be- 
fore provided,  shall  be  sufficient  notice.  The  said  sheriff  or  other 
officer  shall  have  the  advertisement  inserted,  and  notices  herein 
provided  for  posted,  within  ten  days  after  he  receives  the  order  of 
the  county  judge,  and  at  least  twenty  days  before  the  election. 

§103.  [Manner  and  Object  of  the  Election.]— The 
said  sheriff  or  other  officer  shall  appoint  a  judge  and  a  clerk  of  the 
said  election,  who  shall  take  and  subscribe  to  an  oath  for  the  faith- 
ful performance  of  his  duties.  On  the  day  set  apart  for  the  elee 
tion,  the  officers  shall  open  a  poll,  and  shall  propound  to  each  voter 
who  ini-y  vote  the  question:  "Are  you  for  or  against  the  graded 
common  school  tax?"  and  his  vote  shall  be  recorded  for  or  against 
the  same  as  he  may  direct. 

§  104.  [If  Tax  Voted,  Duty  of  County  Judge,  Coun- 
ty Superintendent  and  Trustees.] — if  it  shall  appear 


GKADED  COMMON  SCHOOLS.  59 

that  a  majority  of  the  votes  cast  at  the  said  election  were  in  favor 
of  said  tax,  then  it  shall  be  the  duty  of  the  county  judge  to  cause 
the  certificate  of  the  examining  board  showing  the  amount  of  tax 
voted,  and  the  names  of  the  six  trustees  elected,  to  be  entered  of 
record  in  the  order-book  of  his  court,  and  to  give  a  copy  thereof 
to  the  county  superintendent,  who,  in  connection  with  the  trustees, 
shall  organize  a  graded  common  school  in  said  district  in  accord- 
ance with  the  provisions  of  this  law. 

§  105.  [Board  of  Trustees.] — The  graded  common  school 
districts,  when  organized  as  aforesaid,  are  hereby  incorporated,  and 
each  of  them  shall  be  under  the  management  and  control  of  a 
board  of  six  trustees.  The  first  board  to  be  elected  at  the  same 
time  and  place,  and  by  the  same  persons  who  vote  at  the  election 
for  the  tax,  as  provided  in  sections  95  and  98  of  this  law;  and  the 
six  persons  receiving  the  highest  number  of  votes  cast  shall  be  de- 
clared elected  trustees. 

§106.  [Style,  Province  and  Powers  of  Board  of 
Trustees.] — 'The  persons  so  elected  shall  be  named  and  styled 

"The  Board  of  Trustees  of  the  -  Graded  Common  School 

District,"  and  in  that  name  may  sue  and  be  sued,  contract  and  be 
contracted  with,  and  as  a  natural  person  may  acquire,  hold,  dispose 
of  and  convey,  by  purchase,  gift,  devise  or  otherwise,  any  real  or 
personal  estate,  goods  and  chattels,  necessary  and  convenient  for 
the  uses  and  purposes  of  such  graded  common  school;  and 
the  title  to  all  such  property  shall  vest  in  said  board  of  trustees 
and  their  successors  in  office,  to  be  held  sacred  for  the  use  and  bene- 
fit of  said  graded  common  school  district. 

§  107.  [Classification  of  Trustees— Regul  ar 
Election  of— Vacancy,  How  Filled.]— The  trustees  thus 
elected  shall  be  divided  by  lots  into  three  classes,  to  hold  their 
offices  for  one,  two  and  three  years  respectively,  or  until  their  suc- 
cessors are  elected  and  qualified;  the  two  trustees  selected  for  the 
shortest  term  to  retire  from  office  on  the  second  Saturday  in  May 
following  their  election;  and  the  two  selected  for  the  second  short- 
est term,  and  the  two  selected  for  the  longest  term,  shall  serve  one 
year  and  two  years  respectively  after  the  second  Saturday  in  May 
following  their  election.  On  the  first  Saturday  in  May  following 
'the  first  election  of  trustees  tinder  this  act,  and  the  first  Saturday  in 


60  GKADED  COMMON  SCHOOLS. 

May  of  each  year  thereafter,  there  shall  be  elected  as  trustees  of 
common  schools  are  elected  two  trustees  of  the  said  graded  common 
school  district,  who  shall  qualify  on  the  second  Saturday  of  the 
month  of  their  election,  to  succeed  the  two  trustees  retiring  from 
office,  and  to  serve  three  years,  and  until  their  successors  are 
elected  and  qualified.  If,  at  any  time,  there  should  be  a  vacancy  in 
said  board,  the  same  shall  be  filled  by  election  by  the  remaining 
members,  and  the  person  elected  to  fill  such  vacancy  shall  hold  his 
office  until  the  next  regular  election,  when  his  successor  shall  be 
elected  to  fill  out  the  unexpired  term. 

§108.  [Official  Oath  Required  of  Trustees.]— Said 
trustees,  before  entering  upon  the  discharge  of  their  duties,  shall 
each  take  an  oath  faithfully  to  perform  the  duties  required  of  them 
under  this  law. 

§109.  [By-Laws  and  Rules— Journal  of  Proceed- 
ings ] — Said  trustees  may  adopt  such  by-laws  and  rules  for  the 
government  of  themselves  and  their  appointees,  and  for  the  control, 
government  and  management  of  graded  common  schools  in  their 
respective  districts,  as  they  may  deem  necessary,  not  in  conflict 
with  law,  and  shall  keep  a  journal  of  their  proceedings,  which 
shall  be  open  at  all  times  to  the  inspection  of  any  citizen  of  the 
graded  common  school  district  in  which  he  or  she  may  reside. 

§110.  [Appointment  and  Qualification  of  Teach- 
ers— Course  of  Study.] — Said  trustees  shall  appoint  and  em- 
ploy a  principal  and  all  teachers,  and  fix  their  compensation,  and 
may  suspend  or  dismiss  them,  or  any  other  person  appointed  or  em- 
ployed by  them;  may  prescribe  the  branches  (other  than  those  re- 
quired by  law  to  be  taught  in  the  common  schools)  which  may  be 
taught  in  said  graded  common  schools,  and  prescribe  the  necessary 
qualifications,  and  the  mode  of  examination  of  applicants  for  posi- 
tions as  superintendent,  principals  or  teachers  in  said  graded  com- 
mon schools;  but  no  person  shall  be  appointed  or  employed  as  su- 
perintendent, principal  or  teacher  in  any  graded  common  school 
organized  under  the  provisions  of  this  law  who  is  not  a  person  of 
good  moral  character,  and  who  has  not  a  county  certificate,  as  re- 
quired by  the  common  school  law  of  Kentucky.  Each  teacher  in 
a  graded  common  school,  except  in  cities  of  the  first,  second,  third 
and  fourth  classes,  shall  be  required  to  keep  a  register  as  prescribed 


GRADED  COMMON  SCHOOLS.  61 

in  section  134  for  teachers  of  other  common  schools,  which  register 
shall  be  left  with  the  president  of  the  board  of  trustees,  who  shall 
be  responsible  for  it,  and  return  it  to  the  teacher  at  the  opening  of 
the  next  school  term.  From  the  registers  in  the  hands  of  the 
several  teachers  in  the  graded  common  school,  and  the  record  kept 
by  the  board  of  trustees,  the  principal  teacher  and  the  president 
of  the  board  of  trustees  shall,  within  ten  days  after  the  close  of  the 
school,  make  a  report  to  the  county  superintendent,  being  provided 
with  blanks  therefor  by  the  superintendent ;  said  report  to  give  such 
information  as  is  specified  in  section  86  of  this  law. 

§111.  [Secretary  of  City  School  Board  Must  Re- 
port.]— It  shall  be  the  duty  of  each  secretary  of  the  board  of  trus- 
tees of  schools,  maintained  wholly  or  in  part  by  the  State,  in  cities 
of  the  first,  second,  third  and  fourth  classes,  to  report  annually, 
on  or  before  the  first  of  September,  to  the  Superintendent  of  Public 
Instruction,  such  facts  as  will  enable  him,  in  his  reports  to  the 
General  Assembly,  to  give  the  important  school  statistics  of  such 
cities  in  connection  with  those  of  the  county  in  which  they  are 
situated.  The  secretary  shall  be  supplied  by  the  Superintendent  of 
Public  Instruction  with  blanks  therefor. 

§112.  [President  and  Secretary  of  Board.]— The 
said  trustees  shall  elect  one  of  their  number  president,  who  shall 
preside  at  their  meetings,  and  perform  such  other  duties  as  may 
be  required  of  him,  and  they  may  elect  a  secretary,  and  prescribe 
his  duties.  The  president  and  secretary,  or  either  of  them,  shall 
make  such  reports  to  the  county  superintendent  as  are  required  of 
common  school  trustees,  and  shall  publish  annually  such  informa- 
tion as  will  show  the  financial  condition  of  the  graded  common 
school  district,  and  such  other  facts  as  they  may  deem  beneficial  to 
the  cause  of  education  in  their  respective  districts. 

§113.  [Free  Tuition  to  Resident  White  Pupil 
Children.] — All  white  children  within  the  common  school  age 
residing  in  any  graded  common  school  district  shall  have  the  right 
of  free  admission  to  the  graded  common  school  thereof. 

§114.  [Terms  of  Admission  of  Other  Pupils.]— The 
trustees  may  admit  into  said  graded  common  school,  children  who 
do  not  reside  within  the  said  district,  or  persons  over  the  common 
school  age,  on  such  terms  and  conditions,  and  upon  the  payment  of 
such  tuition  and  other  fees  as  they  may  deem  proper. 


62  GRADED  COMMON  SCHOOLS. 

§115.  [Treasurer,  His  Duties  and  Responsibili- 
ties.]— The  said  board  of  trustees  shall  appoint  a  treasurer  for  said 
graded  common  school  district,  who,  before  entering  upon  the 
duties  of  his  office,  shall,  in  the  county  court,  execute  bond,  with 
sureties  approved  by  the  court,  payable  to  the  commonwealth  of 
Kentucky,  for  the  use  and  benefit  of  the  trustees  of  said  graded 
common  school  district,  conditioned  for  the  faithful  performance 
of  his  duties  under  this  article.  All  funds  arising  from  the  sale  of 
bonds  under  this  law,  and  all  funds  collected  for  the  purpose  of  de- 
fraying the  annual  expenses  of  said  schools,  and  for  the  payment  of 
the  principal  and  interest  of  said  bonds,  or  for  any  other  purpose, 
shall  go  into  the  hands  of  said  treasurer,  who  shall,  together  with 
his  sureties,  be  responsible  therefor.  Said  treasurer  shall  pay  out 
said  funds  only  for  the  purpose  for  which  they  were  respectively 
collected,  upon  the  written  order  of  the  president  and  secretary 
of  said  board  of  trustees.  The  board  of  trustees  shall  pay  its  treas- 
urer such  sum  for  his  services  as  shall  be  reasonable  and  just. 

§116.  [Payment  of  Pro  Rata  of  the  State  and  the 
County  Funds] — The  county  superintendent  of  common  schools 
shall,  annually,  pay  to  the  treasurer  of  any  graded  common  school 
district  that  may  be  organized  and  operating  in  his  county,  in  con- 
formity with  this  article,  the  pro  rata  portion  of  the  State  and  coun- 
ty fund  due  the  said  district,  according  to  the  number  of  pupil  chil- 
dren therein,  as  soon  as  the  same  shall  come  into  his  hands;  or,  if 
desired  by  the  trustees,  he  may  pay  in  January  the  full  amount  due 
said  district. 

§117.  [Provisions  of  Grounds  and  Buildings,  and 
Issuance  of  Bonds.] — Said  board  of  trustees  shall  provide 
funds  for  purchasing  suitable  grounds  and  buildings,  or  for  erect- 
ing or  repairing  suitable  buildings,  and  for  other  expenses  needful 
in  conducting  a  good  graded  common  school  in  their  graded  com 
mon  school  district;  and  to  this  end  they  may  use  such  part  of  the 
proceeds  of  the  said  tax  as  they  deem  necessary,  and  it  shall 
be  the  duty  of  said  board  of  trustees,  and  if,  in  their  opinion,  it  be 
necessary,  and  they  are  hereby  authorized  and  empowered  to  order 
an  election  and  submit  to  the  voters  of  their  respective  graded  com- 
mon school  districts  the  question  whether  or  not  the  trustees  thereof 
shall  issue  bonds  of  their  respective  graded  .common  school  dis- 


GRADED  COMMON  SCHOOL^.  63 

tricts,  ill  any  amount  not  exceeding  the  limit  provided  by  sections 
(157)  one  hundred  and  fifty-seven  and  (158)  one  hundred  and  fifty- 
eight  of  the  present  Constitution  of  this  State,  for  the  purpose  of 
providing  suitable  grounds,  school  buildings,  furniture  and  ap- 
paratus for  their  respective  graded  common  school  districts:  Pro- 
vided, That  due  notice  of  said  election  shall  be  given  by  the  trustees 
of  their  respective  districts,  by  written  or  printed  posters  not  less 
than  one  foot  square,  signed  by  the  trustees  of  their  respective  dis- 
tricts, stating  the  time,  place  and  hours  of  said  election,  posted 
at  not  less  than  six  public,  conspicuous  places  in  the  district  for 
ten  days  previous  to  the  day  of  the  election,  and  by  one  insertion 
thereof  in  the  newspaper,  if  any,  published  in  said  district.  The 
board  shall  appoint  two  judges,  a  clerk  and  a  sheriff  to  hold  said 
election,  who  shall  be  first  duly  sworn  before  acting,  and  shall  be 
housekeepers  and  taxpayers,  resident  in  the  district  for  which  they 
are  appointed,  and  one  of  the  judges  shall  ask  of  each  voter:  "Are 
you  in  favor  of  the  issue  of  bonds  by  the  trustees  of  the  graded  com- 
mon school  of  this  district,  for  the  purpose  of  providing  suitable 
grounds,  school  buildings,  furniture  and  apparatus  for  this  dis 
trict?"  and  the  clerk  shall  record  the  answer/' Yes"  or  "No,"  as  given 
by  the  voter.  If  two-thirds  of  the  voters  voting  at  said  election 
vote  in  favor  of  the  issue  of  the  bonds,  then  the  trustees  of  such 
graded  common  school  district  may  issue  the  bonds  of  said  dis- 
trict for  an  amount  not  exceeding  the  constitutional  limit  and  in  con- 
formity with  the  Constitution  of  this  State.  And,  for  the  purpose  of 
meeting  the  interest  on  such  bonds  and  creating  a  sinking  fund  for 
the  payment  of  the  principal  thereof,  and  the  boards  of  trustees 
of  their  respective  districts,  where  the  issue  of  such  bonds  is  voted, 
are  authorized  and  empowered  to  levy  annually  a  tax  in  addition 
to  that  already  voted,  which  shall  not  increase  the  tax  rate  for 
school  purposes  in  their  respective  districts  to  more  than  seventy- 
five  cents  on  each  $100  worth  of  taxable  property  within  the  dis- 
trict. The  said  bonds  may  be  of  any  denomination,  in  even  hun- 
dreds, not  exceeding  $1,000  each,  running  not  exceeding  thirty 
years,  and  bearing  interest  at  a  rate  not  exceeding  six  per  cent,  per 
annum,  payable  annually  or  seini-annually,  as  expressed  in  said 
bonds,  payable  to  bearer,  with  interest  coupons  attached.  They 
shall  be  signed  by  th*  president  of  said  board  of  trustees  and  at- 


64  GKADED  COMMON  SCHOOLS. 

tested  by  the  secretary  thereof,  shall  pass  by  delivery,  and  shall  be 
redeemable  at  the  option  of  said  board.  Said  bonds  shall  be  sold 
by  the  trustees,  or  their  authorized  agent,  for  the  highest  price  ob- 
tainable, but  not  for  less  than  their  face  par  value  and  accrued 
interest,  and  the  proceeds  paid  over  to  the  treasurer  and  applied  to 
the  uses  and  purposes  contemplated  in  this  law. 

§  117-CL  Inasmuch  as  there  are  various  graded  common  school  dis- 
tricts in  which  the  tax  already  voted  for  graded  common  school  pur- 
poses is  insufficient  to  cover  the  expense  of  providing  necessary  and 
suitable  grounds,  school  buildings,  furniture  and  apparatus  for 
graded  school  purposes,  and  there  is  no  provision  for  again  submit- 
ting the  question  to  the  people  for  increasing  such  tax  rate,  there- 
by necessitating  immediate  legislation  to  relieve  such  districts, 
and  inasmuch  as  the  provisions  of  section  4481  aforesaid  as  now  in 
effect,  conflict  with  the  Constitution  of  this  State,  an  emergency 
exists  and  is  hereby  declared,  and  this  act  shall  take  effect  from 
and  after  its  passage  and  approval  by  the  Governor.  [Approved 
March  12,  1896.] 

§118.  [Levy  of  Annual  Property  Tax  and  Capita- 
tion Tax— Provisions  For  Sinking  Fund-]— The  board  of 
trustees  in  any  graded  common  school  district  where  the  tax  has 
been  voted  shall  cause  to  be  levied  and  collected  an  annual  ad  valo- 
rem tax,  in  any  sum  not  exceeding  the  amount  voted  for  in  said 
district  under  the  provisions  of  this  law,  upon  each  one  hundred 
dollars'  worth  of  property  of  every  kind  and  character,  having 
value  and  owned  by  any  white  person,  company  or  corporation, 
subject  to  taxation,  within  the  limits  of  said  graded  common  school 
district;  or  shall  cause  to  be  levied  annually  a  poll  tax  in  any  sum 
not  exceeding  the  amount  voted  in  said  district  under  this  law, 
on  each  white  male  citizen  residing  within  the  limits  of  any  graded 
common  school  district,  over  twenty-one  years  of  age,  or  both  an 
ad  valorem  and  a  poll  tax,  if  so  voted  at  the  said  election :  Provided, 
No  levy  shall  be  made  under  the  provisions  of  this  law  later  than  the 
close  of  the  fiscal  year  in  which  the  last  county  assessment  shall 
have  been  made.  The  board  of  trustees  shall,  out  of  collections 
under  each  levy,  by  order,  set  apart  out  of  the  collections  of  each 
levy  a  sufficient  amount  to  pay  interest  for  the  year  on  any  bonds 
issued,  and  the  treasurer  shall  pay  same;  and,  in  addition,  shall,  out 


GKADED  COMMON  SCHOOLS.  65 

of  the  several  levies,  until  entire  payment  of  such  bonds,  set  aside 
a  sufficient  amount  as  a  sinking  fund,  when  aggregated,  to  meet  the 
principal  of  the  bonds  at  maturity,  which  sinking  fund  shall  be 
kept  loaned,  with  ample  security,  or  profitably  invested,  and  shall 
be  used  for  no  other  purpose  than  the  payment  of  principal  of  such 
bonds.  But  if  the  board  so  order,  the  sinking  fund,  or  any  part 
thereof,  may  be  used  in  the  purchase  of  such  bonds  before  maturity, 
except  a  sufficiency  to  pay  interest  on  the  outstanding  bonds. 

§119.  [Assessment,  Collection,  Etc.,  Governed  by 

§  79.]— The  assessment  of  property,  the  collection  of  taxes,  powers 
and  duties  of  trustees  and  other  officers  in  graded  common  school 
districts,  shall  be  governed  by  section  79. 

§  120.  [Title  to  All  Common  School  Property  and 
Power  Over  Vested  in  Board  of  Trustees  ]— The  title 
to  all  common  school  and  all  county  seminaries  property  in  the 
limits  of  any  graded  common  school  district,  organized  under 
the  provisions  of  this  law,  shall  be,  and  the  same  is  hereby,  vested 
in  the  board  of  trustees  of  said  graded  common  school  district,  and 
they  are  hereby  authorized  and  empowered  to  sell  and  convey  the 
same,  or  to  use  the  same  for  graded  common  school  purposes,  as  to 
them  shall  seem  best;  but  when  county  seminary  property  shall  be 
appropriated,  all  pupils  of  the  county  shall  be  permitted  to  attend 
said  school  at  such  reduced  tuition  from  what  is  ordinary  as  shall 
be  equitable,  and  make  good  to  them  their  interest  in  said  seminary 
property.  It  is  further  provided  that  wrhen  any  graded  school  dis- 
trict shall  embrace  any  school  property  owned  or  held  in  trust  by 
trustees,  said  trustees,  by  a  majority  vote  of  their  board,  are  hereby 
authorized  and  empowered  to  convey  their  school  property  to  the 
trustees  of  the  graded  school  at  such  price  and  on  such  conditions 
as  may  be  agreed  upon  b}7  the  trustees  of  both  parties. 

§121.  [When  Trustees  Appoint  Officers  of  Elec- 
tion— Their  Duties.] — After  the  first  election  provided  for 
in  this  law  shall  have  been  held,  the  tax  voted,  trustees  elected,  and 
the  graded  common  school  organized,  the  board  of  trustees  shall  ap- 
point the  officers  to  hold  all  other  elections,  which  officers  shall 
take  an  oath  to  be  under  the  same  responsibilities  and  subject  to 
the  same  penalties  as  the  officers  holding  State  or  Bounty  elections, 
only  they  shall  make  returns  of  poll-books,  and  certify  the  result 
5 


66  GRADED  COMMON  SCHOOLS. 

of  the  elections  to  the  board  of  trustees,  who  shall  examine  and 
compare  the  same,  and  issue  certificates  to  the  persons  found  to  be 
elected. 

§122.  [Proposition  Failing,  A  Vote  may  be  had 
Again  in  Two  Years.} — If  it  be  found  that  a  majority  of  the 
votes  cast  upon  the  said  proposition  in  the  election  provided  for  in 
section  100  to  be  cast  against  said  tax,  then  the  said  tax  shall  not 
be  levied  or  collected.  But  the  question  of  voting  the  said  tax  may, 
after  the  expiration  of  two  years  from  the  first  or  any  subsequent 
vote,  be  again  submitted  to  the  legal  voters  of  said  district  upon  the 
conditions  and  in  the  manner  prescribed  for  the  first  vote. 

§123.  [Colored  Graded  Free  Schools.]— The  provi- 
sions of  this  law  shall  apply  to  such  graded  common  school  districts 
as  may  be  applied  for  and  organized  by  the  colored  people  of  this 
Commonwealth,  and  such  districts  and  graded  schools  may  be  or- 
ganized by  them,  in  all  cases,  the  same  as  the  white  districts  herein 
provided  for  or  organized.  In  that  case  the  word  "colored"  is  to 
be  substituted  for  the  word  "white"  whenever  it  has  occurred 
heretofore  in  this  law.  No  white  person  shall  vote  at  any  election 
held  by  the  colored  people  under  the  provisions  of  this  law;  nor 
shall  the  property  of  any  white  person  be  taxed  to  maintain  any 
graded  common  school  for  colored  children;  nor  shall  the  property 
of  any  colored  person  be  taxed  for  the  benefit  of  any  graded  common 
school  for  white  children;  nor  shall  any  white  child  attend  any 
graded  common  school  for  colored  children  organized  under  the 
provisions  of  this  law;  nor  shall  any  colored  child  attend  any  graded 
common  school  for  white  children. 

§124.  [Fifth  and  Sixth  Class  Cities,  or  School  Or- 
ganized by  Special  Act,  May  Accept  Provisions, 
etc.'] — The  provisions  of  this  article  shall  not  affect  or  in  any  way 
interfere  with  any  graded  common  school  or  schools  maintained  by 
any  city  of  the  fifth  or  sixth  class,  or  any  town  or  school  district 
organized  by  virtue  of  a  special  act  of  the  General  Assembly,  unless 
the  said  city,  town  or  district  shall,  by  a  majority  vote,  indorsed  by 
the  recorded  action  of  the  board  of  trustees,  accept  the  provisions 
of  this  article  for  the  government  of  the  said  school  or  schools  in  any 
election  held  under  the  written  order  of  the  county  judge,  or  of  the 
may  or  of  said  city,  in  the  manner  and  under  the  restrictions  of  sections 


GRADED  COMMON  SCHOOLS.  67 

100,101,102andl03,in  which  election  nothing  but  the  matterof  such 
acceptance  shall  be  determined;  and  the  only  question  propounded  to 
each  voter  shall  be :  "Are  you  in  favor  of  accepting  the  provisions 
of  the  general  graded  common  school  law?"  In  the  event  of  such 
majority  vote  in  favor  of  accepting  the  said  provisions,  and  an  en- 
dorsement by  the  board  of  trustees,  the  graded  common  school  or 
schools  of  the  said  city,  town  or  district,  shall  thereafter  be  gov- 
erned by  and  subject  to  all  the  preceding  provisions  for  graded 
common  schools. 

§125.  [First,  Second,  Third  and  Fourth  Class  Cit- 
ies— Provisions.]  — The  provisions  of  this  article  shall  not 
affect,  or  in  any  way  interfere  wjth,  any  system  of  graded  common 
schools  established  and  maintained  by  any  city  of  the  first,  second, 
third  or  fourth  class,  by  virtue  of  a  general  or  special  act  of  the 
General  Assembly.  Any  city  of  the  first,  second,  third  or  fourth 
class  may  accept  the  provisions  of  this  law,  and  establish  graded 
common  schools,  subject  to  all  the  provisions  thereof,  except  as 
specially  hereinafter  provided  in  this  section,  by  a  majority  vote, 
indorsed  by  the  recorded  action  of  the  board  of  trustees,  at  an  elec- 
tion held  in  the  manner  prescribed  in  section  122.  In  the  event 
of  a  majority  vote  in  favor  of  accepting  the  said  provisions,  and  an 
indorsement  by  the  board  of  trustees,  the  following  provisions  shall 
apply  to  the  graded  common  schools  of  such  city  of  the  first,  second, 
third  or  fourth  class,  instead  of  the  corresponding  provisions  in 
the  preceding  sections  of  this  article:  (1.)  An  order  for  the  hold- 
ing of  an  election,  as  first  provided  in  section  100,  may  be  made  by 
the  mayor,  and  the  said  mayor  shall,  in  such  case,  perform  all  the 
duties  required  of  the  county  judge  in  carrying  into  effect  the  pro- 
visions of  the  law;  the  number  of  petitioners  shall  be  one  hundred 
instead  of  ten;  the  election  shall  be  held  by  the  officer  whose  duty 
it  is  to  hold  other  city  elections;  the  approval  of  the  county  super- 
intendent shall  nut  be  required  in  the  petition;  and  the  location  and 
site  of  any  proposed  schoolhouse  shall  not  be  required  to  be  set 
out  in  the  said  petition.  (2.)  The  maximum  limit  for  the  cost  of  any 
school  building  shall  be  one  hundred  thousand  dollars  ($100,000), 
instead  of  fifteen  thousand  dollars  ($15,000).  (3.)  The  number,  name 
and  style  of  the  board  of  trustees  shall  be  determined  by  themselves 
instead  of  the  number  being  limited  to  six ;  but  the  number  of  trus- 


68  GKADED  COMMON  SCHOOLS, 

tees  in  no  case  shall  exceed  one  more  than  the  number  of  wards 
in  the  city.  (4.)  The  length  of  the  term,  the  order  of  retirement, 
the  date  of  election  of  trustees,  may  be  fixed  by  the  charter  of  said 
city,  but  the  term  of  office  shall  in  no  case  exceed  four  years.  (5.) 
Principals  and  teachers  shall  not  be  required  to  hold  county  cer- 
tificates. (6.)  The  president  of  the  board  of  trustees  may  be  elected 
from  the  city-at-large,  if  the  said  board  shall  so  determine.  (7.) 
The  Superintendent  of  Public  Instruction  shall  pay  directly  to  the 
treasurer  of  the  city  graded  common  schools  the  pro  rata  portion  of 
school  funds  due  said  city  from  the  State.  (8.)  The  aggregate 
amount  of  the  outstanding  bonds  issued  by  the  board  of  trustees 
shall  not,  at  any  given  time,  exceed  2  per  cent,  of  the  taxable  prop- 
erty of  the  city,  instead  of  the  bonds  so  issued  being  limited  in 
amount  to  fifteen  thousand  dollars  (f  15,000).  (9.)  The  assessment 
of  property  made  by  the  city  assessor,  and  equalized  according  to 
law,  shall  be  made  the  basis  for  collection  of  city  taxes  for  school 
purposes  of  every  kind,  and  the  said  taxes  shall  be  collected  by 
the  city  collector  at  the  time  of  collecting  other  city  taxes,  and  he 
shall  be  responsible  on  his  official  bond  for  the  same. 

§126.  [Tax  to  Complete  Buildings  and  Pay  Old 
Debt.] — The  board  of  trustees  of  graded  schools  maintained  by 
taxation,  and  designed  for  the  education  of  children  residing  within 
certain  boundaries,  may,  in  cases  where  the  tax  now  imposed  in 
such  districts  is  not  sufficient  to  pay  for  the  school  buildings  which 
have  heretofore  been  completed  but  not  paid  for,  issue  bonds  of 
such  districts  for  an  amount  equal  to  the  sum  due  for  completing 
the  school  buildings,  and  impose  annually  a  tax  of  not  exceeding 
twenty-five  cents  on  each  $100  worth  of  property  in  the 
district,  in  addition  to  the  tax  now  imposed  in  such  districts,  to 
pay  the  bonds  so  issued  and  the  interest  thereon;  and  the  fore- 
going provisions  shall  apply  as  well  to  like  schools  under  the  au- 
thority and  management  of  a  board  of  education  or  other  authority 
of  a  district,  town  or  city;  and  in  cases  where  bonds  were  issued 
prior  to  the  adoption  of  the  present  Constitution,  by  authority  of 
special  laws,  and  have  matured  without  being  paid,  the  board  of 
trustees,  board  of  education,  or  other  authority  of  a  town,  city  or 
district,  may  issue  the  bonds  of  the  district,  town  or  city  to  an 
amount  equal  to  the  sum  still  due  and  unpaid,  under  the  conditions- 
and  restrictions  herein  imposed. 


*  For  amended  provision  as  to  paying  old  debt,  see  page  84,  act  marked  II.. 


GKADED  COMMON  SCHOOLS.  69 

§127.  [Interest  on  Bonds  Limited.]— The  bonds  so  is- 
sued shall  bear  not  exceeding  six  per  cent,  interest  per  annum,  and 
shall  be  issued  by  a  majority  of  the  trustees,  and  in  such  manner 
as  they  may  deem  best,  and  shall  be  payable  at  such  times  and 
at  such  places  and  in  such  amounts  as  they  may  determine;  and  the 
tax  to  pay  the  bonds  and  interest  shall  be  imposed  by  an  order 
signed  by  a  majority  of  the  trustees,  specifying  the  annual  tax  to 
be  imposed. 

§  128.  [Assessment    and    Collection  Governed  by 

§  79.]  —The  tax  so  imposed  shall  be  paid  on  the  assessment  value  of 
the  property  in  the  district  as  ascertained  by  the  assessment  made 
for  State  and  county  purposes  next  preceding  the  collection  of  the 
tax,  and  shall  be  collected  in  the  same  manner  as  is  provided  for 
Che  collection  of  district  taxes  by  section  79  of  this  chapter,  and 
the  same  penalties  shall  be  added  for  a  failure  to  pay  the  same; 
and  the  same  compensation  shall  be  paid  for  its  collection  as  is  paid 
for  collecting  the  State  revenue. 

§  129.  [Tax  to  Pay  Bonds  and  Interest— When  Lev- 
ied.]— The  board  of  trustees  shall  annually,  on  the  second  Monday 
in  May,  impose  the  tax,  and  when  paid  the  treasurer  of  the  board 
shall  at  once  apply  the  same  to  the  payment  of  the  bonds  and 
interest  as  required  by  the  board.  When  the  bonds  and  interest  are 
paid  the  tax  shall  not  be  levied  or  collected,  nor  shall  the  trustees, 
or  any  of  them,  receive  any  compensation  for  their  services  under 
this  law. 

§130.  [Who  to  Sign  Bonds-Settlement  Of  Ac- 
counts.]— The  bonds  herein  provided  for  shall  be  signed  by  the 
chairman  of  the  board  of  trustees  of  the  graded  school  and  counter- 
signed by  the  secretary.  The  collecting  officer  and  the  treasurer 
of  the  board  of  trustees  shall  settle  their  accounts  with  the  board 
on  or  before  the  first  Monday  in  January  each  year,  and  the  board 
may  require  them  to  state  their  accounts  as  often  as  once  every 
three  months. 


70 


TEACHERS. 


XI.    TEACHERS. 


131.  Qualifications  of  teachers  and  cer- 

tificates of  qualification. 

132.  Conditions    upon    which  State  di- 

ploma may  be  granted;  good  un- 
til holder  fails  for  two  successive 
years  to  teach ;  county  superin- 
tendent may,  for  cause,  refuse  to 
recognize  it  for  his  county. 

133.  State  certificate — conditions;  exam- 

inations held  in  the  counties  ;  good 
for  eight  years;  county  superin- 
tendent may  refuse  to  recognize. 
County  certificates  of  three  grades 


— how  obtained;  tenure;  when  to 
be  revoked ;  conditions  on  which 
one  of  first-class  may  be  renewed. 

134.  Teacher  must   grade   school,  keep 

grade  register,  and  make  reports. 

135.  State  Superintendent  shall  furnish 

blanks.  Teacher's  duty  as  to  re- 
ports. Penalty  for  making  false 
monthly  return. 

136.  Teacher    shall    enforce   course   of 

study;  must  observe  rules  and 
regulations  prescribed  by  law; 
pupil  may  be  dismissed  for  cause. 


§131.  [Certificates  of  Qualification.]— There  shall 
be  three  grades  of  certificates  issued  to  teachers  of  common  schools : 
First,  a  State  teacher's  diploma;  second,  a  State  teacher's  certifi- 
cate, and  third,  a  county  certificate,  which  may  be  a  first  class,  sec- 
ond class  or  third  class.  Before  any  person  shall  be  qualified  to 
teach  any  common  school,  such  person  shall  obtain  one  of  these 
three  grades  of  certificates. 

§132.  [State  Diploma.]— State  diplomas  may  be  issued 
by  the  State  Board  of  Examiners  after  a  personal  examination 
held  at  the  State  Capitol  on  the  last  Wednesday  of  June  and 
August  of  each  year,  upon  the  subjects  embraced  in  the  common 
school  course  of  study,  and  also  upon  the  science  and  art  of  teach- 
ing, psychology,  English  literature,  algebra,  higher  arithmetic, 
geometry,  physics  and  elementary  Latin.  In  order  to  be  entitled 
to  a  State  teacher's  diploma,  the  applicant,  in  addition  to  attaining 
on  the  required  examination  an  average  grade  of  not  less  than  90 
per  cent.,  the  lowest  grade  on  any  subject  being  not  less  than  70 
per  cent.,  shall  be  at  least  twenty-four  years  old,  and  shall  have 
taught  in  the  State  at  least  two  years,  and  shall  present  satisfactory 
evidence  of  unexceptionable  moral  character.  A  State  diploma  shall 
be  good  in  all  schools  throughout  the  State,  maintained  wholly  or 
partly  by  the  State,  until  revoked  by  the  Superintendent  of  Public 
Instruction,  or  until  the  holder  shall  fail  for  two  successive  years 
to  be  engaged  in  active  school  work.  It  shall  qualify  the  holder 
for  eligibility  as  candidate  for  the  office  of  county  superintend- 
ent of  common  schools,  and  may,  for  cause,  be  revoked  by  any 
county  superintendent,  subject  to  the  approval  of  the  State  Board  of 
Education,  as  far  as  it  applies  to  his  county,  of  which  immediate 


TEACHERS.  71 

information  shall  be  given  the  Superintendent  of  Public  Instruction. 
A  State  diploma  shall  be  impressed  with  the  seal  of  the  State 
Board  of  Examiners,  and  the  fee  of  the  applicant  shall  be  five 
dollars,  which  shall  be  paid  to  the  two  members,  who,  with  the 
Superintendent  of  Public  Instruction,  compose  the  State  Board  of 
Examiners.  [Acts  of  1894.] 

§133.  [State    and     County    Certificates.]— A  State 
teacher's  certificate  may  be  granted  by  the  State  Board  of  Exam- 
iners upon  the  recommendation  of  the  county  board  of  examiners, 
after  a  written  examination  held  in  applicant's  county,  attaining  an 
average  grade  of  at  least  90  per  cen»t.,  the  lowest  grade  upon  anj 
subject  being  not  less  than  70  per  cent.,  upon  the  subjects  em- 
braced in  the  common  school  course  of  study,  and  also  upon  Eng- 
lish  literature,   elementary   algebra,   higher  arithmetic,   and   the 
science  and  art  of  teaching,  including  the  elements  of  psychology. 
In  order  to  be  entitled  to  a  State  certificate,  the  applicant,  in  addi- 
tion to  passing  the  required  examination,  shall  be  at  least  twenty- 
one  years'  old,  shalll  have  had  two  years  experience  in  teaching, 
and  shall  present  satisfactory  evidence  of  unexceptionable  moral 
character.  The  questions  for  the  examination  of  applicants  for  State 
certificates  shall  be  forwarded  by  the  State  Board  of  Examiners, 
with  the  questions  for  the  June  and  August  county  examinations, 
at  the  same  time,  in  the  same  package,  and  be  preserved  and  opened 
at  the  same  time  as  the  questions  for  county  certificates.       The 
applicants  for  State  certificates  shall  be  examined  on  the  same 
days  upon  which  the  applicants  for  county  certificates  are  exam- 
ined, in  June  and  August,  and  immediately,  upon  the  close  of  the 
examination  for  State  certificates,  the  county  superintendent  shall 
collect  the  papers  of  each  applicant  for  a  State  certificate,  preserve 
them  from  all  inspection,  make  such  examination  of  them  as  will 
enable  the  said  county  board,  with  their  personal  knowledge  of  the 
applicant,  to  make  a  recommendation  to  the  State  Board  of  Exam- 
iners that  a  State  certificate  should  or  should  not  be  granted,  and 
forward  the  same  by  registered  mail  to  the  State  Board  of  Exam- 
iners, with  a  recommendation  as  to  the  granting  of  a  State  cer- 
tificate.    No  applicant  shall  be  examined  for  a  State  certificate, 
unless  the  said  applicant  is  known  to  the  county  superintendent 
to  possess  an  unexceptionable  moral  character,  and  to  possess  the 


72  TEACHERS. 

age  and  experience  herein  required.  With  the  answers,  as  for- 
warded to  the  State  Board  of  Examiners,  the  county  superintendent 
shall  inclose  a  written  statement  in  proper  form,  signed  and  sworn 
to  by  at  least  two  members  of  the  local  examining  board,  that  the 
examination  had  been  held  in  strict  accordance  with  the  law,  and 
that  the  applicant  had  not,  either  directly  or  indirectly,  received 
any  assistance,  and  that  the  moral  character  of  the  applicant  is 
unexceptionable.  If  the  answers  and  statements  are  deemed  suffi- 
cient, if  the  recommendation  of  the  county  board  be  favorable,  the 
State  Board  of  Examiners  may  issue  a  State  certificate,  which  shall 
entitle  .the  holder  to  teach  in  the  common  schools  of  the  State, 
graded  or  city  schools,  for  a  period  of  eight  years,  unless  revoked  by 
the  Superintendent  of  Public  Instruction,  or  unless  the  holder 
shall  fail  for  two  successive  years  to  be  engaged  in  active  school 
work.  At  the  expiration  of  the  time  for  which  it  was  granted, 
if  it  shall  not  have  been  revoked  by  the  Superintendent  of  Public 
Instruction,  and  if  the  holder  shall  not  have  failed  for  two  success- 
ive years  to  be  engaged  in  active  school  work,  a  State  certificate  may 
be  renewed  for  another  eight  years  by  the  State  Board  of  Exam- 
iners without  additional  fee,  upon  the  recommendation  of  the  board 
of  examiners  of  the  county  whereof  the  holder  shall  at  that  time 
be  a  resident.  Any  county  superintendent  may,  for  cause,  revoke 
a  State  certificate  as  far  as  it  applies  to  his  county,  of  which  im- 
mediate information  shall  be  given  to  the  Superintendent  of  Public 
Instruction,  and  be  subject  to  his  approval.  A  State  certificate 
shall  be  impressed  with  the  seal  of  the  State  Board  of  Examiners, 
and  the  fee  charged  the  applicant  shall  be  four  dollars,  besides  the 
registration  fee  for  forwarding  the  answers,  of  which  one  dollar 
shall  be  paid  to  the  county  board  of  examiners.  The  proceeds  of 
the  fees  for  examination  for  State  certificates,  and  of  the  examina- 
tion of  candidates  for  county  superintendent,  shall  be  divided  be- 
tween the  two  professional  members  of  the  State  Board  of  Exam- 
iners, in  proportion  to  the  services  rendered  by  them.  County 
certificates  shall  be  first  class,  second  class,  or  third  class,  and 
shall  apply  only  to  the  county  in  which  they  are  issued,  and  shall 
be  good  for  four  years,  two  years  and  one  year  respectively.  Third 
class  certificates  shall  not  be  issued  more  than  once  to  the  same 
person  in  any  event.  After  July  1,  1894,  a  certificate  of  the  third 
class  shall  not  entitle  the  holder  to  teach  in  any  district  reporting 


TEACHERS.  73 

fifty-five  or  more  pupil  children,  nor  shall  a  certificate  of  the  second 
class  entitle  the  holder  to  teach  in  any  district  reporting  seventy- 
five  or  more  pupil  children.  A  county  certificate  of  the  first  class 
shall  require  an  average  grade  of  85  per  cent,  upon  all  the  subjects 
of  the  common  school  course,  and  upon  the  science  and  art  of  teach- 
ing; and  the  lowest  grade  in  any  subject  shall  not  be  less  than  65 
per  cent.  A  county  certificate  of  the  second  class  shall  require 
an  average  grade  of  75  per  cent.,  and  the  lowest  grade  on  any  sub- 
ject shall  not  be  less  than  55  per  cent.  A  county  certificate  of  the  third 
class  shall  require  an  average  grade  of  65  per  cent.,  and  the  lowest 
grade  on  any  subject  shall  not  be  less  than  50  per  cent.  If,  at  any 
time,  the  holder  of  a  county  certificate  shall  be  found  incompetent, 
inefficient,  immoral,  or  otherwise  unworthy  to  be  a  teacher,  the 
county  superintendent  shall  revoke  the  certificate  of  such  person; 
and  any  teacher  dismissed  from  school  on  such  grounds  shall  be 
entitled  to  receive  payment  for  services  only  up  to  the  time  of  dis- 
missal. Nothing  in  this  act  shall  be  construed  to  require  any 
teacher  now  holding  a  teacher's  certificate  to  be  re-examined  until 
the  expiration  of  said  certificate.  A  person  having  taught  for  eight 
consecutive  years  in  the  same  county  under  first-class  certificates, 
obtained  as  hereinbefore  provided,  may  have  the  last  one  renewed 
annually  for  four  years  by  the  county  superintendent,  who  shall 
write  upon  it  "Renewed,"  sign  officially,  and  give  date  of  such  re- 
newal. [Acts  of  1893.] 

§  134.  [Must  Grade  School,  Keep  Grade  Book,  and 
Make  Reports] — It  shall  be  the  duty  of  each  teacher  of  a  com- 
mon school  to  keep  such  register  of  the  school  as  the  State  Superin- 
tendent may  require  of  and  furnish  to  him  as  needed,  through  the 
county  superintendent.  The  teacher's  register  shall  be  the  property 
of  the  district;  shall  be  systematically  graded  for  at  least  four 
years'  work;  shall  be  well  preserved,  without  mutilation 
or  useless  marking;  shall  be  in  the  care  of  the  teacher  during 
the  school  term,  and,  at  the  close  thereof,  shall  be  delivered 
to  the  chairman  of  the  board  of  trustees,  who  shall  be  responsible 
for  it,  and  deliver  it  to  the  teacher  at  the  opening  of  the  next 
school  term,  and  it  shall  be  open  at  all  times  to  the  inspection  of  the 
trustees  and  the  county  superintendent.  The  section  allotted  to 
each  year  shall  be  divided  into  two  parts,  designated  as  monthly 


74  TEACHEKS. 

summary  and  term  summary.  The  monthly  summary  shall  show 
the  day  of  the  week  and  day  of  month  upon  which  the  term  began ; 
the  day  of  the  week  and  of  the  month  of  each  day  taught;  the  num- 
ber of  pupils  enrolled;  the  number  in  attendance  each  day;  the 
name,  sex  and  weekly  standing  of  each  pupil  in  each  subject,  and 
such  other  4facts  as  the  Superintendent  of  Public  Instruction  may 
desire.  On  the  last  day  of  each  month  taught,  the  teachers  shall 
sum  up  and  place  at  the  end  of  the  record  for  the  month  the  facts 
herein  required  to  be  kept,  with  the  day  of  the  week  and  month 
on  which  the  school  month  closed;  the  highest  and  lowest  number  of 
pupil  children  in  attendance,  and  the  average  percentage  of  the 
attendance  of  the  whole  number  of  pupil  children  in  the  district. 
The  term  summary  shall  show  the  monthly  statement  made  at  the 
end  of  each  month,  the  percentage  of  the  enrollment  of  the  whole 
number  of  pupil  children  in  the  district,  the  highest,  lowest  and 
average  number  of  children  in  attendance,  the  average  percentage 
of  the  children  of  the  district  in  attendance,  the  number  of  pupils 
in  each  class,  the  name  of  the  text-book  used  in  each  class,  the 
point  reached  by  each  pupil  in  each  book  at  the  close  of  the  term, 
the  names  of  all  pupils  that  should  be  advanced,  the  class  of  the 
teacher's  certificate,  his  average  monthly  salary,  and  such  other 
facts  as  may  be  required  in  the  register. 

§135.  [Superintendent  of  Public  Instruction  to 
Furnish  Blanks— Character  of  Reports.]— The  Super- 
intendent of  Public  Instruction  shall  provide  for  each  teacher  a 
blank  monthly  report  for  each  month  to  be  taught,  and  also  a 
blank  term  report.  At  the  end  of  each  month  taught,  the  teacher 
shall  fill  the  monthly  report  of  that  month  from  the  facts  summed 
up  in  the  monthly  summary  of  the  register,  and  shall  present  the 
monthly  report  to  the  chairman  of  the  board  of  trustees,  who  shall 
carefully  examine  it,  and  if  found  correct  he  shall,  if  requested  by 
the  teacher,  fill  out  and  sign  a  certificate  attached  to  the  monthly 
report,  certifying  that  the  month  has  been  legally  taught;  and  upon 
the  chairman's  certificate  the  teacher  shall  draw  his  salary  from 
the  county  superintendent  for  the  month  so  certified,  after  the 
monthly  report  has  been  duly  delivered  to  the  county  superinten- 
dent. Within  ten  days  after  the  close  of  the  last  month  of  the  term, 
the  teacher  shall  make  out  the  term  report  from  the  term  sum- 
mary in  the  register;  shall  present  the  term  report,  the  last  monthly 


TEACHERS.  75 

report,  and  the  teacher's  register  to  the  chairman,  who  shall  care- 
fully inspect  them  and  approve  the  report,  if  correct,  make  out  the 
chairman's  annual  report,  and  shall  then  give  the  teacher  certificates 
for  the  month  or  months  not  previously  certified,  and  shall  place  the 
chairman's  annual  report  in  the  teacher's  hands  for  delivery  to  the 
county  superintendent.  Nothing  herein  shall  be  construed  to  pre- 
vent a  chairman  of  the  board  of  trustees  from  certifying  to,  or  a 
county  superintendent  from  paying  for,  a  fraction  of  a  month  in 
any  case  in  which  the  teacher,  from  sickness  or  other  disability, 
shall  be  unable  to  continue  the  school.  Any  teacher  who  shall 
make  a  false  monthly  or  term  report,  or  any  chairman  of  trus- 
tees who  shall  give  a  certificate  of  a  month  or  months  taught 
before  he  has  carefully  examined  and  approved  the  report  of  each 
month,  or  any  county  superintendent  who  shall  make  a  payment 
upon  a  teacher's  salary,  except  upon  the  chairman's  certificate, 
shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  be  fined  fifty 
dollars  for  each  offense. 

§136.  [Required  Duties— Penalty  for  Willful  Re- 
fusal Or  Neglect— Authority— Appeal.]— Teachers 
shall  faithfully  enforce  in  school  the  course  of  study,  the  use  of  the 
text-books  adopted  in  the  county,  and  the  regulations  prescribed  in 
pursuance  of  law;  and  if  any  teacher  shall  willfully  refuse  or  neg- 
lect to  comply  with  such  regulations,  the  county  superintendent, 
on  petition  or  complaint  of  the  trustees,  may  remove  or  dismiss 
him;  and  in  case  of  such  dismissal  or  removal,  the  said  teacher 
shall  receive  payment  only  for  the  time  taught.  The  teacher  is 
authorized  and  directed  to  hold  each  pupil  to  a  strict  accountabil- 
ity for  any  disorderly  conduct  on  the  play-ground,  or  during  any 
intermission  or  recess,  or  on  the  road  to  and  from  school;  and  for 
good  cause  he  may  suspend  any  pupil;  but  such  suspension  shall 
be  immediately  reported,  in  writing,  to  the  chairman  of  the  board 
of  trustees.  In  cases  of  suspension,  the  action  of  the  teacher  shall 
be  final  unless  reversed  by  the  trustees.  Either  party  may  appeal 
from  the  decision  of  the  trustees  to  the  county  superintendent, 
whose  decision  shall  be  final.  But  no  teacher  shall  be  required 
or  under  any  obligation  to  teach  any  other  than  the  common  school 
branches  prescribed  by  the  State  Board  of  Education  in  the  com- 
mon schools,  unless  it  shall  be  so  specified  in  a  written  contract 
with  the  trustees. 


76 


TEACHERS'  INSTITUTE. 


XII.    TEACHERS'  INSTITUTE. 


137.  Duty    of  County    Superintendent; 

object  in  organizing  and  holding 
Teachers'  Institute;  how  many 
days  must  occupy  and  in  what 
months  must  be  held;  duty  of 
State  Board  of  Examiners  in  re- 
gard to  programme  and  syllabus  ; 
penalty  for  not  holding  Institute. 

138.  County  Superintendent    must   em- 

ploy one  or  more  able  and  exper- 
ienced Institute  Conductors. 

139.  State  Superintendent  may  annually 

call  a  convention  of  Institute  Con- 
ductors. 

140.  Who  required  to  attend  full  session 

of  the  Institute ;  penalty  for  fail- 
ure or  neglect  to  attend  full  ses- 
sion unless  from  sickness  or  other 
disability ;  after  County  Institute 
held,  only  conditions  on  which  a 
certificate  to  teach  can  be  granted ; 
during  Institute,  schools  in  session 
shall  be  suspended ;  time  for 
which  the  teachers  shall  have 
credit. 

141.  Adjoining  counties,  not  exceeding 

four,  may  hold  Joint  Institute; 
Superintendents  must  employ  at 
least  two  able  Conductors. 


I  142 


County  Superintendent  shall  be 
present  during  entire  session  of 
the  Institute;  his  duties  concern- 
ing daily  register  prescribed ;  what 
fee  from  each  member  may  be  col- 
lected and  for  what  purposes. 

143.  Duty  of  County  Superintendent  in 

selecting  a  proper  place  for  hold- 
ing the  Institute ;  when  and  how 
notify  Trustees  as  to  time  and 
place  of  holding  the  Institute,  and 
to  post  notices  thereof;  duty  of 
each  Trustee  to  notify  promptly 
every  teacher  in  his  district. 

144.  Superintendent  of  Public  Instruc- 

tion may  recommend  able  and 
experienced  normal  instructors  to 
conduct,  the  Institutes,  whose  pay 
shall  be  derived  from  the  Institute 
fund. 

At  each  session  of  the  Institute 
every  subject  relating  to  the  work 
of  the  Teacher,  must  be  properly 
exhibited. 

County  Teachers'  Association  dur- 
ing Institute  —  its  composition, 
office,  and  object. 

County  Superintendent  shall,  in  his 
annual  report,  make  special  report 
of  the  Teachers'  Institute  and  of 
the  Teachers'  Association. 


145. 


146. 


147. 


§  137.  [Organization— Object— Time— Programme 
and  Syllabus— Penalty-]— It  shall  be  the  duty  of  each 
county  superintendent  to  organize,  and  cause  to  be  held  annually, 
a  teachers'  institute  for  the  normal  instruction,  improvement  and 
better  qualification  of  the  teachers  of  his  county.  The  institute 
shall  occupy  not  less  than  five  nor  more  than  ten  days,  and  shall 
be  held  between  the  first  day  of  July  and  the  first  day  of  November. 
The  Superintendent  of  Public  Instruction,  and  the  two  professional 
members  of  the  State  Board  of  Examiners,  shall  constitute  a  com- 
mittee on  programme  to  prepare  and  place  in  the  hands  of  each 
county  superintendent,  not  later  than  June  first  of  each  year,  a 
programme  of  the  work  of  the  institute,  and  a  syllabus  of  each  sub- 
ject of  instruction.  The  programme  and  syllabus  shall  be  furnished 
each  member  of  the  institute,  and  shall  be  faithfully  and  efficiently 
carried  out.  Any  county  superintendent,  who  shall  willfully  fail 
or  neglect  to  hold  the  annual  institute  as  prescribed  in  this  article, 
shall  be  fined  fifty  dollars.  [  Acts  of  1894.  ] 


TEACHEKS'  INSTITUTE.  77 

§138.  [One  Or  More  Able  and  Experienced  Con- 
ductors to  be  Employed.] — Each  county  superintendent  of 
the  State  may  employ  one  or  more  able  and  experienced  institute 
instructors  to  direct  each  institute  held  by  him,  and  to  instruct  the 
teachers  thereof. 

§139.  [Convention  Of  Institute  Conductors— Ob- 
ject Of.] — Beginning  in  1804,  the  Superintendent  of  Public  In- 
struction may,  annually,  call  all  the  professional  institute  workers 
of  the  State  into  institute  convention  at  the  State  Capitol,  during 
the  month  of  May,  for  the  purpose  of  better  organization  and  more 
effective  management  of  institute  work.  At  the  said  institute  con- 
vention, the  whole  subject  of  institute  work  shall  be  thoroughly 
discussed,  and  the  best  plans  for  prosecuting  it  throughout  the  State 
shall  be  adopted  and  used  in  all  counties.  The  said  institute  con- 
vention may  suggest  to  the  committee  on  programme  principles, 
subjects  and  methods  of  (for)  incorporation  on  the  programme  syl- 
labus. 

§140.  [Who  Must  Attend  Institute— Penalty  for 
Non-attendance, Etc.] — Every  teacher  of  a  common  school, 
including  teachers  of  the  graded  common  schools  in  cities  of  the 
fifth  and  sixth  classes  who  hold  a  State  diploma,  State  certifi- 
cate or  county  certificate,  or  who  contemplates  applying  for  cer- 
tificate of  qualification  to  teach  in  the  common  schools,  shall  at- 
tend the  full  session  of  the  institute  in  his  home  county  unless  he 
is  teaching  in  another  county  in  which  the  institute  is  yet  to  be 
held,  or  has  attended  the  institute  of  a  county  in  which  he  has  a 
contract  to  teach.  If  teaching  in  a  county  other  than  his  home 
county,  whose  institute  is  yet  to  be  held,  he  must  attend  the  full 
session  of  the  latter.  The  county  superintendent  shall  revoke  the 
certificate  of  any  teacher  who  shall  fail  or  neglect  to  attend  the  full 
session  of  the  institute,  unless  the  superintendent  shall  be  fully 
satisfied  that  such  failure  has  been  caused  by  actual  sickness  or 
other  disability.  After  the  county  institute  has  been  held,  it  shall 
be  unlawful  to  grant  any  person  a  certificate  to  teach  at  any  time 
during  that  school  year,  unless  the  said  person  shall  have  attended 
the  full  session  of  the  institute  of  that  or  some  other  county  during 
that  school  year,  or  unless  the  county  superintendent  shall  be  fully 
satisfied  that  the  failure  to  attend  the  institute  has  been  caused  by 


78  TEACHERS'   INSTITUTE. 

sickness  or  other  disability.  Daring  the  institute  there  shall  be 
a  suspension  of  such  other  schools  as  are  in  session,  but  no  reduc- 
tion of  the  teacher's  salary  shall  be  made  on  account  of  such  sus- 
pension except  as  hereinafter  provided.  The  time  of  actual  at- 
tendance upon  the  institute  in  days  and  parts  of  days  shall  be  ac- 
credited to  the  teacher  if  the  institute  be  held  during  the  session 
of  his  school.  At  the  close  of  the  institute  the  county  superinten- 
dent shall  give  to  each  teacher  or  other  person  in  attendance  a 
certificate  of  the  number  of  days  and  parts  of  days  that  the  teacher 
or  other  person  had  attended,  which  certificate  of  attendance  shall 
be  filed  by  the  teacher  with  the  chairman  of  the  board  of  trus- 
tees of  the  district,  who  shall  make  report  thereof  to  the  county 
superintendent  at  the  time  of  reporting  the  school. 

§141.  [Joint  Institutes— Two  Conductors  To  be 
Engaged — Record.] — Any  adjoining  counties,  not  exceeding 
four  in  number,  may  combine  and  hold  a  joint  institute:  Provided, 
The  county  superintendents  of  all  the  counties  concerned  shall  agree 
upon  the  plans  necessary  to  the  purpose;  that  each  of  them  shall 
attend  the  full  session  of  the  said  joint  institute,  and  keep  the 
record  provided  in  section  142,  and  that  at  least  two  able  and  ex- 
perienced instructors  are  employed,  if  more  than  two  counties  are 
combined. 

§142.  [Duties  of  County  Superintendent— Pro- 
ceedings to  be  Published  in  Local  Paper.] — The  coun 
ty  superintendent  shall  be  present  during  the  entire  session  of  the 
institute;  shall  have  the  roll  called  every  morning  and  afternoon; 
shall  keep  a  strict  daily  register  of  the  presence,  absence  and 
tardiness  of  the  teachers  and  other  members,  and  of  the  exercises 
of  the  institute,  and,  after  the  close  thereof,  shall  have  the  proceed- 
ings printed  in  one  or  more  newspapers.  He  may  collect  two  dol- 
lars, but  in  no  case  shall  he  collect  less  than  one  dollar  from  each 
teacher  or  other  person  in  attendance  on  the  institute,  except  honor- 
ary members,  and  twenty-five  cents  of  the  sum  so  collected  from 
each  person  shall  be  paid  into  the  county  library  fund.  From  the 
fees  collected  from  the  teachers  and  other  persons  in  attendance 
the  county  superintendent  shall  pay  all  necessary  expenses  of  the 
institute.  The  proceedings  shall  be  published  in  such  local  papers 
as  will  do  this  without  charge,  and  one  copy  shall  be  forwarded  to 


TEACHERS'  INSTITUTE.  79 

u  ^""^Superintendent  of  Public  Instruction.  Any  residue, 
after  the  payment  of  institute  expenses  shall  also  be  paid  into  the 
county  library  fund.  In  case  of  a  joint  institute,  any  surplus  fund 
shall  be  prorated  among  the  counties  concerned. 

§143.  [Selection  Of  Proper  Place  for  Institute- 
Notices  Of] — In  selecting  a  proper  place  for  holding  the  teach- 
ers' institute,  the  county  superintendent  shall  decide  with  reference 
to  the  convenience  and  accommodation  of  the  place,  and  shall 
endeavor  to  make  such  arrangements  as  he  best  can  for  economiz- 
ing and  reducing  the  expenses  of  teachers  while  in  attendance. 
He  shall,  twenty  days  before  the  institute  begins,  notify  by  mail 
the  trustees  of  his  county  of  the  time  and  place  of  holding  it;  and 
it  shall  be  the  duty  of  each  trustee  to  notify  promptly  every  teacher 
in  his  school  district.  The  county  superintendent  shall  likewise 
direct  the  trustees  of  each  district  to  post  notices  thereof. 

§144.  [Normal     Instructors     be     Recommended. 

— The  Superintendent  of  Public  Instruction  may,  when  requested 
by  a  county  superintendent,  recommend  able  and  experienced 
normal  instructors  to  conduct  the  teachers'  institute,  whose  pay 
shall  be  derived  from  and  paid  by  the  county  superintendent 
out  of  the  funds  raised  from  the  teachers  and  other  members  of 
the  institute. 

§145.  [Subjects  of  Instruction.] — At  each  session  of 
the  institute,  every  subject  embraced  in  the  common  school  course 
shall  be  brought  before  the  institute,  illustrated  and  described, 
and  every  feature  of  school  organization  and  school  management, 
together  with  the  whole  work  of  the  teacher,  shall  be  considered, 
and  the  common  school  laws  of  the  State  read  and  expounded. 

§146.  [County  Teachers'  Association.]— During  the 
session  of  the  institute  there  shall  be  held  a  county  teachers'  asso- 
ciation, and  one  hour  in  the  afternoon  or  the  night  meeting  shall  be 
daily  set  apart  for  this  purpose.  The  association  may  be  composed 
of  all  the  officers  and  teachers  of  common  schools  present,  and  shall 
be  called  together  by  the  county  superintendent,  who  shall  be  ex 
officio  president.  The  objects  of  such  association  shall  be,  primarily, 
to  discuss  and  devise  the  best  ways  and  means  of  promoting  the 
interest  of  education,  the  improvement  of  teachers,  and  the  methods 
of  teaching,  and  especially  to  devise  means  for  securing  better  school- 


80 


COUNTY  AND  DISTRICT  L1BKARY. 


houses,  better  attendance,  and  local  aid  for  common  schools.  The 
said  association  shall  be  a  permanent  organization,  with  one  vice- 
president  for  each  magisterial  district,  to  be  elected  or  appointed; 
and  shall  hold  at  least  one  meeting  in  each  magisterial  district, 
besides  the  meeting  at  the  institute,  during  the  first  six  months 
of  each  school  year.  Every  teacher  shall  attend  at  least  the  meet- 
ing held  in  the  magisterial  district  in  which  he  shall  teach,  and 
upon  failure  to  do  so,  shall  teach  an  additional  day  during  the  school 
month  following  such  failure,  unless  he  shall  satisfy  the  county 
superintendent  that  such  failure  was  caused  by  sickness  or  other 
actual  inability.  The  county  superintendent  shall  attend  each 
meeting  of  the  association,  and  shall  prepare  or  have  prepared  a 
programme  of  the  exercises  therefor. 

§147.  [Report  of  County  Superintendent,]— The 
county  superintendent  shall,  at  the  time  of  making  his  annual  re- 
port to  the  superintendent,  also  report  the  time  and  place  of  hold- 
ing the  teachers'  institute,  the  name  of  the  person  or  persons  con- 
ducting the  same,  the. number  of  persons  registered  as  in  attendance, 
the  number  of  teachers  of  common  schools  in  the  county  who  did 
not  attend  the  institute  and  teachers'  association;  and  such  other 
facts  as  he  may  deem  of  value  and  interest. 


XIII.     COUNTY  AND  DISTRICT  LIBRARY. 


148.  County  Library  for  Teachers.     To 

be  in  care  of  County  Superintend- 
ent, for  whose  benefit;  Institute 
fees  and  donations  to  constitute 
fund. 

149.  County  Library  Committee  to  con- 

sist of  Superintendent  and  two 
persons  annually  elected  by  Coun- 
ty Institute;  character  of  record; 
report  to  be  made  to  Superintend- 
ent of  Public  Instruction. 

150.  Organization  and  management  of 

a  library  in  connection  with  a  dis- 
trict school ;  proviso — none  of  the 


school  revenues  from  general  tax- 
ation shall  be  used  for  benefit  of 
the  library. 

151.  Trustees  shall  have  control  over  the 
library ;  shall  be  accountable  for 
its  care  and  management,  and 
make  annual  report  concerning  it 
to  County  Superintendent.  Trus- 
tees may  receive  donations  to  it; 
forbidden  books;  library  free  to 
all  pupils  of  suitable  age  belong- 
ing to  the  district;  conditions  of 
membership  to  other  residents  of 
the  district. 


§148.  [County  Library— By  Whom  Kept— Funds- 
How  Provided.] — There  shall  be  a  county  teachers'  library 
in  each  county  of  the  Commonwealth,  to  be  kept  under  the  care 
and  in  the  office  of  the  county  superintendent,  for  the  exclusive 
use  and  benefit  of  the  teachers  of  the  county.  The  sums  col- 
lected for  the  purpose  at  each  annual  institute,  and  all  sums  added 


DISTRICT  AND  COUNTY  LIBRARY.  81 

thereto  by  donation,  shall  constitute  the  county  library  fund,  which 
shall  be  kept  and  accounted  for  by  the  county  superintendent. 

§  149.  [Library  Committee— Of  Whom  Composed- 
Duties.] — The  county  superintendent,  as  chairman,  and  two  per- 
sons annually  elected  by  the  county  institute,  shall  constitute  a 
library  committee,  for  the  selection  and  purchase  of  books,  period- 
icals and  furniture,  and  for  the  adoption  of  rules  for  the  management 
of  the  library  under  the  regulations  of  the  State  Board  of  Education. 
The  Superintendent  of  Public  Instruction  shall  supply  each  of 
these  libraries  with  a  bound  copy  of  each  edition  .of  the  school  law, 
of  his  biennial  reports,  and  other  publications  of  his  department. 
The  Library  Committee  shall  keep  a  permanent  record  of  its  acts 
and  accounts  open  at  all  times  to  the  inspection  of  the  teachers; 
and,  through  its  chairman,  shall  annually  report  to  the  county  in- 
stitute an  itemized  statement  of  all  sums  received  and  expended; 
the  number,  names  and  cost  of  books  and  other  articles  purchased; 
all  donations  of  books  and  periodicals,  with  the  names  of  the  donors; 
the  number  of  books  belonging  to  the  library;  the  number  in  the 
library;  the  number  on  loan,  and  such  other  facts  as  may  be  re- 
quired; and,  in  his  annual  report  to  the  Superintendent  of  Public 
Instruction,  the  county  superintendent  shall  state  the  sums  re- 
ceived, the  sums  expended,  the  number  of  volumes  in  the  library, 
and  the  increase  during  the  year.  (Acts  of  1804.) 

§150.  [Organization  and  Management  of  District 
Library.] — When,  by  contribution,  purchase  or  otherwise,  forty 
volumes  can  be  collected  for  such  purpose,  the  district  trustees 
may  organize  a  district  library  in  connection  with  the  school  of 
the  district,  which  shall  be  for  the  use  of  the  district  in  which  the 
same  is  located.  They  may  make  such  suitable  arrangements  for 
keeping  the  books  and  periodicals  of  the  said  library  as  may  be 
necessary,  and  may  appoint  a  suitable  person  to  take  charge  of  the 
same,  and  to  manage  it  according  to  such  rules  as  they  may  pre- 
scribe, subject  to  the  regulations  prescribed  by  the  county  board 
of  examiners. 

§151.  [Trustees  to   have  Control   of    District  Li- 
brary—Regulations.]— The  trustees  shall  have  the  same 
control  over  the  library  as  over  the  other  school  property;  may  re- 
ceive donations  of  books,  maps,  charts,  and  otlu'i-  works  of  interest. 
6 


82 


COLORED  SCHOOLS. 


But  no  books  of  a  sectarian,  infidel,  or  immoral  character  shall  be 
placed  in  the  library;  and  any  such  books  found  therein  shall  be 
removed  by  order  of  the  trustees  or  of  the  county  superintendent. 
The  library  shall  be  free  to  all  pupils  of  suitable  age  belonging 
to  the  schools  of  the  district,  but  any  resident  of  the  district  may 
become  entitled  to  the  privileges  upon  the  payment  of  such  a  sum  of 
money  for  membership  as  the  trustees  may  prescribe. 


XIV.     COLORED  SCHOOLS. 


152.  Disposition  of  all  sums  arising  from 
any  donation,  gift,  grant,  or  devise, 
to  aid  in   the  education  of  the  col- 
ored   children    of    this    Common- 
wealth, or  of  any  county  or  school- 
district  therein. 

153.  Pupil-children  shall  be  between  the 
ages  of  six  and  twenty  years,  and 
census  shall  be  taken  and  reported 
at  the  same  time  and  in  the  same 
manner    as    the    census    of  white 
children. 


154.  Time  and  manner  of  electing  Trus- 
tees; taxes  and  services  for  benefit 
of  schools,  voting  for  Trustees,  and 
attendance  at  schools — distinct  for 
each  race. 

155.  The  School  Officers  and  Teachers 
shall  be  organized  into   Teachers' 
Institutes,  for   themselves,  as   pro- 
vided in  %  137-147. 


§152.  [Donation— Gift— Grant— Devise.] —All  sums 
arising  from  any  donation,  gift,  grant  or  devise  by  any  person  what- 
ever, wherein  the  intent  is  expressed  that  the  same  is  designed  to 
aid  in  the  education  of  the  colored  children  in  this  Commonwealth, 
or  any  county  or  school  district  therein,  shall  be  held  and  used  for 
the  purposes  specified  in  such  donation,  gift,  grant  or  devise;  and  the 
Superintendent  of  Public  Instruction,  county  superintendent  of 
common  schools  of  the  county,  and  trustees  of  colored  common 
school  districts,  shall  receive  such  donations,  gifts,  grants,  or  devise 
for  the  benefit  of  the  colored  schools  of  the  State  or  particular 
county  or  district,  respectively,  and  shall  hold  and  use  the  same 
as  requested  by  the  donor  or  devisor. 

§153.  [Pupil  Age— Annual  Census— How  Districts 
Shall  be  Designated.] — The  number  of  colored  children  in 
each  district,  between  the  ages  of  six  and  twenty  years,  shall  be 
taken  and  reported  at  the  same  time  and  in  the  same  manner  as 
required  by  law  for  taking  the  census  of  white  children.  All  col- 
ored districts  shall  be  designated  by  letters  in  alphabetical  order 
for  each  county,  as  District  A,  District  B,  and  so  on. 


COLORED  SCHOOLS.  83 

§154.  [Election  of  Trustees— District  Taxes, 
Voters  and  Schools-] — Colored  school  trustees  for  each  col- 
ored school  district  shall  be  elected  at  the  same  time  and  in  the 
same  manner  that  white  trustees  are  elected;  but  no  tax  shall  be 
levied  upon  the  property  or  poll,  or  any  services  required  of  any 
white  person  for  the  benefit  of  a  school  for  colored  children;  and  no 
tax  shall  be  ievied  upon  the  property  or  poll,  or  any  services  re- 
quired of  any  colored  person  for  the  benefit  of  a  school  for  white 
children;  and  no  colored  person  shall  be  allowed  to  vote  for  a  trus- 
tee of  a  white  school,  and  no  white  person  shall  be  allowed  to  vote 
for  a  trustee  of  a  colored  school.  It  shall  not  be  lawful,  under 
any  of  the  provisions  of  this  chapter,  for  any  white  child  to  at- 
tend any  common  school  provided  for  colored  children,  or  for  any 
colored  child  to  attend  any  common  school  provided  for  white  chil- 
dren. 

§  155.  [County  Teachers'  Institute.]— The  colored 
school  officers  and  teachers  shall  be  organized  into  teachers'  insti- 
tutes for  themselves,  in  the  same  manner,  and  to  the  same  extent, 
as  provided  for  in  sections  137  to  147,  inclusive. 

§156.  [Penalties   Prescribed  —  How    Enforced. ]- 

All  duties  which  are  required  of  any  officer  under  this  chapter  shall 
be  performed  by  them  under  the  penalties  herein  prescribed;  and 
when  no  penalties  are  prescribed,  then  the  officer  failing  to  per- 
form the  duties  imposed  shall  be  guilty  of  a  misdemeanor,  and,  upon 
indictment  in  the  circuit  court  of  the  county  in  which  said  misde- 
meanor may  occur,  shall  be  subject  to  a  fine  in  any  amount,  in  the 
discretion  of  the  jury,  and  the  Superintendent  of  Public  Instruction 
shall  give  information  of  all  failures  or  neglect  of  duty  which  come 
to  his  knowledge  to  the  attorney  for  the  Commonwealth  in  the 
county  in  which  the  failure  to  perform  or  neglect  of  duty  shall  oc- 
cur. The  Superintendent  of  Public  Instruction  shall  issue,  as  occa- 
sion demands,  a  circular  letter  to  the  circuit  judges  of  the  State,  set- 
ting out  the  methods  by  which  frauds  have  been  committed  against 
the  State  school  funds,  and  other  violations  of  the  school  law  perpe- 
trated, and  request  that  they  call  the  attention  of  the  grand  juries 
to  the  same.  [  Acts  of  1894.  ] 

§157.  [Emergency— Why  Existing.]— As  a  large  num- 
ber of  pupil  children  in  the  State  are  deprived  of  an  opportunity 


84  ENFORCED  ATTENDANCE. 

to  attend  a  five  months'  school,  by  reason  of  being  placed  in  dis- 
tricts that  maintain  only  three  and  four  months'  schools;  and  as  it 
is  clearly  the  intention  of  the  law  that  each  child  should,  at  as 
early  a  date  as  possible,  have  an  equal  opportunity  to  obtain  a 
common  school  education;  therefore,  an  emergency  exists,  which 
emergency  is  hereby  declared,  and  this  act  shall  take  effect  when 
approved  by  the  Governor;  and  all  laws  and  parts  of  laws  in  con- 
flict herewith  are  hereby  repealed. 

Act  approved  July  6,  1898;  amended  by  act  of  March  10,  1894. 

XV.    ENFORCED  ATTENDANCE. 

AN   ACT  concerning  the  Education  of  Children. 

Be  it  enacted  ~by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  158.  That  every  parent,  guardian  or  other  person  in  the 
State  of  Kentucky,  having  the  control  of  any  child  or  children  be- 
tween the  ages  of  (7)  seven  and  (14)  fourteen  years,  shall  be  re- 
quired to  send  such  child  or  children,  annually,  at  least  eight  (8) 
weeks  of  which  attendance  shall  be  consecjitive,  to  some  public  or 
private  day  or  night  school  for  children:  Provided,  however,  That 
this  act  shall  not  apply  in  any  case  where  the  child  has  been  or  is 
being  taught  at  home  in  such  branches  as  are  taught  in  public 
schools  for  a  like  period  of  time  and  subject  to  the  same  examin- 
ations as  other  pupils  of  the  district  or  city  in  which  the  child 
resides,  or  whose  physical  or  mental  condition  renders  his  or  her 
attendance  impracticable,  or  who  is  excused  by  the  trustees  of  the 
public  school  district  or  the  board  of  education  of  the  city  in  which 
the  parent,  guardian  or  person  having  control  resides,  upon  its 
being  shown  to  their  satisfaction  that  the  parent,  guardian  or  per- 
son having  control  was  not  able,  by  reason  of  poverty,  to  clothe 
such  child  properly,  or  that  he  or  she  has  already  acquired  the  or- 
dinary branches  required  by  law,  or  that  there  is  no  white  school, 
in  the  case  of  white  children,  or  colored  school,  in  the  case  of  col- 
ored children,  taught  within  two  (2)  miles  by  the  nearest  traveled 
road. 

§  159.  Any  parent,  guardian  or  other  person  failing  to  comply 
with  the  provisions  of  this  act  shall  forfeit  to  the  use  of  the  schools- 
in  the  city,  town  or  common  school  district  in  which  such  child  re- 
sides, a  sum  not  less  than  (|5)  nor  more  than  twenty  ($20)  dol- 
lars for  the  first  offense,  nor  less  than  ten  ($10)  nor  more 


ENFORCED  ATTENDANCE.    .  85 

than  fifty  ($50)  dollars  for  the  second  and  every  subsequent  offense, 
and  costs  of  suit. 

§  160.  It  shall  be  the  duty  of  any  school  trustee  or  president 
of  the  Board  of  Education  to  inquire  into  all  causes  of  complaint 
and  neglect  of  duty  prescribed  in  this  act,  and  he  shall  notify  in 
writing  the  parent,  guardian  or  other  person  so  offending  that  such 
complaint  has  been  made,  and  if  the  cause  be  not  shown  within  five 
(5)  days,  to  at  once  proceed  against  the  responsible  persons  as  is 
hereby  provided;  and  any  school  trustee  or  president  of  the  Board 
of  Education  neglecting  to  undertake  such  prosecution  in  good 
faith  for  such  offense,  within  ten  (10)  days  after  a  written  notice 
has  been  served  on  him  by  anj  tax-payer  in  said  district  or  city, 
unless  the  person  so  complained  of  shall  be  excused  by  the  district 
or  city  board,  or  Board  of  Education,  for  the  reasons  hereinbefore 
stated,  shall  forfeit  to  the  public  schools  in  the  city,  town  or  com- 
mon school  district  in  which  said  trustee  or  president  of  the  board 
of  education  resides,  a  sum  not  less  than  ten  ($10)  nor  more  than 
fifty  ($50)  dollars. 

§  161.  Any  person  having  control  of  a  child,  who,  with  intent  to 
evade  the  provisions  of  this  act,  shall  make  a  willfully  false  statement 
concerning  the  age  of  such  child,  or  the  time  such  child  has  attended 
school,  shall  forfeit  for  each  offense  a  sum  not  less  than  five  ($5) 
nor  more  than  twenty  ($20)  dollars,  for  the  use  of  public  schools 
for  such  city,  town  or  district. 

§  162.  Any  fine  or  penalty  mentioned  in  this  act  may  be  sued  for, 
and  recovered  before  any  court  of  record  or  justice  of  the  peace  of 
the  proper  county,  in  the  name  of  the  Commonwealth  of  Kentucky, 
for  the  use  of  the  public  schools  of  the  city,  town  or  district  in 
which  said  child  resides. 

§  163.  That  upon  the  trial  of  any  offense  as  charged  herein,  if 
upon  such  trial  it  shall  be  determined  that  such  prosecution  was 
malicious,  then  the  cost  in  such  case  shall  be  adjudged  against  the 
complainant,  and  collected  as  fines  in  other  cases. 

§  164.  The  conditions  and  provisions  of  this  act  shall  apply  to 
any  parent,  guardian  or  person  having  control  of  any  colored  child 
or  children,  in  like  manner  as  in  sections  159,  160,  161,  162,  and  !<>:',, 
but  no  white  child  shall  be  permitted  to  attend  or  become  a  pupil 
in  any  school  for  colored  children,  and  no  colored  child  shall  be 


86  ENFOKCED   ATTENDANCE. 

permitted  to  attend  or  become  a  pupil  in  any  school  for  white 
children. 

[Sections  158  to  164,  inclusive,  became  a  law  March  28,  1896, 
without  the  signature  of  the  Governor,  ten  days  after  the  adjourn- 
ment of  the  Legislature  and  became  effective  June  15,  1896,  ninety 
days  after  the  adjournment  of  the  Legislature.  I 


SCHOOL  LAWS 


OTHER  THAN  THOSE  FOUND   IN   CHAPTER   160,  ACTS   OF  AS- 
SEMBLY 1892--93.  AND  CONTAINED  IN  THE 
PRECEDING   PART   OF  THIS  WORK. 


I.     A  TAX  TO  REIMBURSE  TRUSTEES. 

AN  ACT  to  provide  for  the  levy  and  cojjection  of  a  tax  in  certain  common  school 
districts  to  pay  off  indebtedness  incurred  by  the  trustees  of  such  school  districts  in 
erecting  and  furnishing  schoolhouses. 

WHEREAS,  The  trustees  of  some  of  the  common  school  dis- 
tricts in  this  State  have  borrowed  money,  and  have  expended 
the  same  in  erecting  and  furnishing  schoolhouses  in  their  respect- 
ive districts;  and  whereas,  the  present  rate  of  taxation  authorized 
by  law  is  wholly  insufficient  to  pay  off  and  discharge  such  indebt- 
edness so  incurred  within  a  reasonable  time;  now,  therefore, 

Be  it  enacted  ~by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  1.  That  the  trustees  of  all  common  school  districts  in  this 
State,  in  which  said  trustees  have  heretofore  borrowed  or  furnished 
money,  and  have  expended  the  same  in  erecting  and  furnishing 
schoolhouses  in  their  respective  districts,  and  where  the  indebted- 
ness so  incurred  remains  unpaid,  and  the  present  rate  of  taxation 
authorized  by  law  is  insufficient  to  raise  a  sum  in  said  districts  suffi- 
cient to  pay  off  and  discharge  said  indebtedness  within  two  years, 
the  said  trustees  are  authorized  and  empowered  to  order  a  tax,  not 
exceeding  the  sum  of  twenty-five  cents  on  each  one  hundred  dollars' 
worth  of  taxable  property  in  their  respective  districts,  each  and 
every  year  hereafter,  until  a  sum  sufficient  has  been  raised  to  pay 
off  and  discharge  such  indebtedness  so  incurred. 

§  2.  Said  tax  should  be  levied  and  collected  as  provided  by  law 
for  the  levy  and  collection  of  the  present  school  tax:  Provided, 
That  no  tax  shall  be  levied  or  collected  from  th<?  property  of  colored 
persons  to  pay  any  indebtedness  incurred  for  the  benefit  of  schools 
for  white  children. 

Approved  July  1,  1893. 


88  PKOVIS1ON  FOR  PAYING  GRADED  SCHOOL  DEBT. 


II.     PROVISION  FOR  PAYING  OLD  DEBT     OF    GRADED    COMMON 
SCHOOL  DISTRICT.— AMENDED  ACT. 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  1.  That  the  board  of  trustees  of  graded  schools  maintained 
by  taxation  and  designed  for  the  education  of  children  residing 
within  certain  boundaries,  may,  in  (some)  cases  where  the  tax  now 
imposed  in  such  districts  is  not  sufficient  to  pay  for  the  school 
buildings,  grounds,  school  furniture,  apparatus,  and  to  pay  the  debts 
that  the  trustees  of  the  districts  have  contracted  in  establishing  and 
furnishing  the  same,  issue  the  bonds  of  such  district  for  an  amount 
sufficient  to  meet  said  indebtedness,  and  impose  annually  a  tax  of 
not  exceeding  twenty-five  cents  on  each  one  hundred  dollars'  worth 
of  property  in  the  district,  in  addition  to  the  tax  now  imposed 
in  such  districts,  to  pay  the  bonds  so  issued  and  the  interest  thereon. 

§  2.  The  bonds  so  issued  shall  bear  not  exceeding  six  per  cent, 
interest  per  annum,  and  shall  be  issued  by  a  majority  of  the  trus- 
tees, and  in  such  manner  as  they  may  deem  best,  and  shall  be  pay- 
able at  such  times,  and  at  such  places,  and  in  such  amounts,  as  they 
may  determine;  and  the  tax  to  pay  the  bonds  and  interest  shall  be 
imposed  by  an  order,  signed  by  a  majority  of  the  trustees,  specify- 
ing the  annual  tax  to  be  imposed. 

§  3.  The  tax  so  imposed  shall  be  collected  by  the  assessment 
value  of  the  property  in  the  district,  as  ascertained  by  the  assess 
ment  made  for  State  and  county  purposes  next  preceding  the  collec- 
tion of  the  tax,  and  may  be  collected  by  the  sheriff  of  the  county, 
or  by  a  collector  appointed  for  that  purpose  by  the  board  of  trus- 
tees; and  the  collector  or  sheriff  shall  have  the  same  power  in  the 
collection  of  such  tax  as  he  has  in  the  collection  of  State  tax,  and 
the  same  penalties  shall  be  added  for  a  failure  to  pay  the  same,  and 
it  shall  be  collected  at  the  same  time  and  in  the  same  manner  as 
the  State  tax;  and  the  same  compensation  shall  be  paid  for  its 
collection  as  is  paid  for  collecting  the  State  revenue. 

§  4.  The  board  of  trustees  shall,  annually,  on  the  second  Mon- 
day in  May,  impose  the  tax,  and,  when  collected,  it  shall  be  paid  to 
the  chairman  of  the  board,  who  shall  at  once  apply  the  same  to  the 
payment  of  the  bonds  and  interest.  When  the  bonds  and  inter- 
est are  paid,  the  tax  shall  not  be  levied  or  collected,  nor  shall  the 

*See  section  126,  general  law,  ante. 


PROVISION  FOR  PAYING  GRADED  SCHOOL  DEBT.  89 

trustees,  or  any  of  them,  receive  any  compensation  for  their  ser- 
vices under  this  act. 

§  5.  The  bonds  herein  provided  for  shall  be  signed  by  the  chair- 
man of  the  board  of  trusteees  of  the  graded  school.  No  tax  col- 
lector appointed  under  the  provisions  of  this  act  shall  commence 
the  discharge  of  the  duties  of  his  office  until  he  has  appeared  in  the 
county  court  of  the  county  in  which  the  graded  school  is  situated 
and  taken  the  oath  of  office  and  executed,  with  good  sureties,  a 
bond  similar  to  that  prescribed  by  law  for  other  tax  collectors. 
Before  the  chairman  of  the  board  of  trustees  shall  receive  the  taxes 
collected  as  provided  for  by  section  4,  he  shall  execute  in  the  county 
court  a  bond  with  good  surety,  conditioned  for  his  faithful  appli- 
cation of  money  that  may  come  to  his  hands.  If  he  shall  fail  or 
decline  to  give  such  bond,  then  the  sheriff  or  collector  shall  hold 
the  taxes  collected,  subject  to  be  paid  out  upon  the  bonds  as  or- 
dered by  the  board  of  trustees.  The  collecting  officer  and  the 
chairman  of  the  board  of  trustees  shall  settle  their  accounts  with 
the  board  on  or  before  the  first  Monday  in  January  each  year,  and 
the  board  may  require  them  to  state  their  accounts  as  often  as  once 
every  three  months. 

§  6.  That  in  the  event  trustees  do  not  desire  to  issue  bonds,  they 
shall  collect  the  taxes  provided  for  in  the  previous  sections  and  ap- 
ply the  same,  after  paying  cost  of  collecting,  to  the  discharge  of  the 
indebtedness,  pro  rata,  from  year  to  year,  till  all  the  said  debts  are 
paid;  and  if,  after  making  final  levy  and  paying  the  debts,  there  is 
a  residue,  it  shall  be  turned  over  to  the  district  treasurer  and  be- 
come common  funds  of  the  district.  But  excepting  the  residue 
mentioned  in  this  section,  no  part  of  the  taxes  or  proceeds  of  bonds 
herein  provided  for  shall  be  used  for  any  other  purpose  than  pay- 
ing cost  of  collecting  and  the  debts  contracted  by  the  trustees  prior 
to  the  time  of  levying  the  first  year's  tax  provided  for  in  this  chap- 
ter. 

£  7.  It  appearing  that  there  are  graded  school  districts  in  the 
Commonwealth  that  have  contracted  debts,  for  the  payment  of 
which  there  is  no  provision,  an  emergency  is  therefore  declared, 
and  this  act  shall  take  effect  from  its  passage. 

Approved  March  3,  1894. 


90  ADJUNCT  SCHOOLS  AND  COLLEGES. 


III.     ADJUNCT  SCHOOLS  AND  COLLEGES. 

AN  ACT  to  enable  incorporated  colleges  and  universities  located  in  this  Common- 
wealth to  establish  adjunct  schools  and  colleges. 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  1.  That  any  incorporated  college  or  university  located  in 
this  Commonwealth  shall  have  power  to  establish  adjunct  schools 
and  colleges  in  any  part  of  the  Commonwealth  to  be  operated  in 
connection  with  and  under  the  auspices  of  the  college  or  university 
by  which  they  shall  be  established;  and  for  the  purpose  of  estab- 
lishing, operating  and  controlling  said  adjunct  schools  and  colleges 
the  institution  establishing  them  shall  have  power  to  solicit  and  re- 
ceive subscriptions  and  donations  of  money  and  other  property. 

§  2.  All  money  and  property  subscribed,  donated  or  otherwise 
procured,  for  the  benefit  of  any  adjunct  school  or  college,  shall  be 
held  and  applied  by  the  board  of  trustees  or  curators  of  the  institu- 
tion establishing  them  for  the  purpose  of  establishing,  maintaining 
and  controlling  said  adjunct  school  or  college;  and  said  board  of 
managers  shall  have  power  to  procure  grounds  and  erect  buildings 
thereon  for  their  use  and  occupation;  to  appoint  and  remove  teach- 
ers for  the  same;  to  prescribe  a  course  of  study  for  the  students 
thereof,  and  confer  degrees  of  graduation  therefrom;  and  to  exer- 
cise the  same  general  supervision  and  control  over  them  that  they 
are  empowered  by  their  several  charters  to  exercise  over  the  af- 
fairs of  their  respective  institutions. 

§  3.  This  act  shall  take  effect  ninety  days  after  its  passage. 

Approved  June  28,  1893. 


IV.     THE  AGRICULTURAL  AND  MECHANICAL  COLLEGE. 

AN  ACT  to  provide  for  the  effective  management  and  administration  of  the  Agri- 
cultural and  Mechanical  College  of  Kentucky. 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  1.  That  the  government,  administration  and  control  of  the 
Agricultural  and  Mechanical  College  of  Kentucky,  be  and  is  hereby, 
vested  in  a  board  of  trustees,  constituted  and  appointed  as  follows: 
1.  His  Excellency,  the  Governor  of  Kentucky,  who  shall  be  ear 
officio  chairman  thereof. 


AGKICULTUKAL  AND  MECHANICAL  COLLEGE.  91 

2.  Fifteen  men,  discreet,  intelligent  and  prudent,  who  shall  be 
nominated  by  the  Governor  of  Kentucky,  and  by  and  with  the  advice 
and  consent  of  the  Senate.     They  shall  hold  office  for  six  years, 
five  retiring  and  five  being  appointed  at  each  regular  session  of  the 
General  Assembly.     Said  nominations  shall  be  made  within  fifteen 
days  after  the  Legislature  convenes.     Said  trustees  shall  be  ap- 
pointed and  distributed  as  follows,  namely:     One  from  each  Con- 
gressional district  outside  of  the  Congressional  district  in  which 
Lexington  is  situated,  and  the  remainder  from  the  latter  district; 
but  no  more  than  three  trustees  shall  be  appointed  from  the  county 
of  Fayette :  Provided,  That  no  trustee  now  serving  under  an  appoint- 
ment previously  made  shall  be  displaced  by  the  operation  of  this 
act  before  his  term  of  service  shall  have  expired. 

3.  The  president  of  the  college  shall  be  ex  officio  a  member  of  the 
board  of  trustees. 

§  2.  The  board  of  trustees,  when  appointed  and  qualified,  shall 
be  a  body  corporate,  under  the  corporate  name  of  the  Agricultural 
and  Mechanical  College  of  Kentucky,  and  as  a  corporation  shall 
have  power  to  sue  and  be  sued,  implead  and  be  impleaded,  contract 
and  be  contracted  with,  and  possess  all  the  immunities,  rights,  priv- 
ileges and  franchises  usually  attaching  to  the  governing  bodies  of 
educational  institutions.  They  shall  have  power  to  receive,  hold 
and  administer,  on  behalf  of  the  institution  whose  government,  ad- 
ministration and  control  is  committed  to  them,  all  revenues  accru- 
ing from  all  existing  or  future  endowments,  appropriations  or  be- 
quests, by  whomsoever  made,  subject  to  the  conditions  attaching 
thereto ;  to  receive,  administer  and  apply,  for  and  on  behalf  of  said 
college,  all  moneys,  devises,  stocks,  bonds,  buildings,  museums, 
lands,  apparatus,  and  so  forth,  and  so  forth,  under  the  conditions 
attaching  thereto.  Said  trustees  shall  have  power  to  determine, 
from  time  to  time,  the  number  of  departments  of  study  or  investi- 
gation which  the  college  shall  comprise  within  the  scope  of  the  or- 
ganic act  of  Congress,  or  acts  supplementary  thereto,  donating 
land  script  for  the  endowment  of  Agricultural  and  Mechanical  Col- 
leges; the  relation  which  each  department  or  group  of  departments 
shall  sustain  to  each  other  and  to  the  whole;  to  devise,  allot  and  ar- 
range the  distribution  of  departments  or  groups  of  departments, 
with  the  designation  appropriate  to  each,  and  to  devise  the  moans 


92  AGRICULTURAL  AND  MECHANICAL  COLLEGE. 

required  for  their  effective  instruction,  administration  and  govern- 
ment. They  shall  hate,  also,  power  to  appoint  presidents,  profess- 
ors, assistants,  tutors  and  other  officers,  and  to  determine  the  sal- 
aries, duties  and  official  relations  of  each;  and  shall  provide  for  a 
definite  salary  in  money  attached  to  all  positions  created  and  tilled 
by  the  board  of  trustees;  and  there  shall  be  no  additions  thereto  in 
the  form  of  fees,  perquisites  or  emoluments  of  any  kind  whatever. 
They  shall  have  full  power  to  suspend  or  remove  at  will  any  of  the 
officers,  teachers,  professors  or  agents  whom  they  are  authorized 
by  law  to  appoint,  and  to  do  all  other  acts  which  may  be  needful 
for  the  welfare  of  the  institution. 

§  3.  Said  board  of  trustees  shall  have  power  to  grant  degrees 
to  the  alumni  of  the  institution;  to  prescribe  conditions  upon  which 
post-graduate  honors  shall  be  obtained  by  its  alumni  and  others, 
and  to  confer  such  honorary  degrees,  upon  the  recommendation  of 
the  faculty  of  the  institution,  as  they  may  think  proper. 

§  4.  A  majority  of  the  whole  board  shall  constitute  a  quorum 
for  the  transaction  of  business. 

§  5.  In  the  appointment  of  presidents,  professors  or  instructors, 
no  preference  shall  be  shown  to  any  religious  denomination. 

§  6.  The  board  of  trustees  shall  meet  in  Lexington  twice  each 
year,  in  the  president's  room  in  the  college,  namely:  Upon  the 
Tuesday  preceding  the  annual  commencement,  and  upon  the  second 
Tuesday  in  December.  In  the  absence  of  the  Governor  the  board 
shall  have  the  power  to  appoint  a  chairman  pro  tern.  They  shall 
elect  annually  a  secretary,  who  shall  keep  a  record  of  their  pro- 
ceedings, and  a  treasurer,  who  shall  receive  and  disburse  the  funds, 
and  a  business  agent,  who  shall  make  all  purchases  for  all  depart- 
ments of  the  college,  and  attend  to  all  the  business  under  the  direc- 
tion of  the  board.  Said  secretary  and  treasurer  and  business  agent 
shall  receive  for  their  services  a  fair  compensation;  but  the  ^treas- 
urer elected  under  the  provisions  of  this  act  shall  not  be  a  member 
of  the  board  of  trustees  or  of  the  faculty  of  the  college,  or  other- 
wise an  employe  of  the  college  or  of  any  of  the  departments  thereof. 
They  shall,  at  each  regular  meeting,  appoint  an  executive  commit- 
tee, consisting  of  five  of  their  number,  residing  in  or  near  Lexing- 
ton, including  a  chairman  thereof,  three  of  whom  shall  constitute 
a  quorum;  and  said  committee  shall  choose  from  their  number  a 


AGRICULTURAL  AND  MECHANICAL  COLLEGE.  93 

chairman  pro  tempore,  to  act  in  the  absence  of  the  permanent  chair- 
man. The  executive  committee  shall  be  charged  with  the  general 
administration  of  the  affairs  of  the  college  under  such  by-laws  and 
regulations  as  shall  be  prescribed  by  the  board  of  trustees,  and 
with  the  execution  of  measures  specially  authorized  by  the  board. 
It  shall,  at  each  regular  meeting  of  the  trustees,  and  at  each  called 
meeting  if  lequired,  submit  to  the  board  a  complete  record  of  its 
proceedings  for  the  consideration  and  approval  of  the  board  of 
trustees:  Provided,  That  the  authority  of  the  board  of  trustees  to 
revise  the  acts  of  the  executive  committee  shall  not  extend  to  the 
rejection  of  any  valid  or  authenticated  account  of  money  expended 
under  a  general  or  specific  authority  granted  by  the  board  of  trus- 
tees, and  within  the  sums  appropriated  by  the  board  for  specific 
or  contingent  objects  at  regular  or  called  meetings.  The  secretary 
of  the  board  of  trustees  shall  also  be  secretary  of  the  executive  com- 
mittee and  the  custodian  of  the  records,  and  so  forth,  of  the  board 
and  of  said  committee. 

§  7.  That  the  treasurer  of  said  college  shall  enter  into  covenant 
with  the  Commonwealth  of  Kentucky,  with  one  or  more  good  sure- 
ties bound  therein,  to  be  approved  by  the  board  of  trustees,  condi- 
tioned for  the  faithful  performance  of  his  duties,  and  the  payment 
of  all  moneys  that  shall  come  to  his  hands  to  his  successor  in  office, 
or  to  such  person  or  persons  as  may  be  lawfully  entitled  to  receive 
the  same.  Any  person  or  persons,  including  the  board  of  trustees, 
injured  by  any  breech  of  this  bond,  may  maintain  in  the  Fayette 
Circuit  Court  appropriate  action  thereon.  The  said  treasurer  shall 
keep  an  itemized  account  of  receipts  and  expenditures,  and  shall 
pay  out  no  money  except  on  authorization  of  the  board  of  trustees, 
given  directly  or  through  its  executive  committee.  He  shall  ren- 
der to  the  executive  committee  monthly  statements  of  receipts  and 
expenditures,  and  amount  on  hand,  and  a  full  detailed  statement, 
with  vouchers,  for  the  information  and  action  of  the  board  of  trus- 
tees at  its  regular  annual  meeting,  and  at  other  periods  when  re- 
quired. 

§  8.  In  the  case  of  the  death,  resignation  or  refusal  to  serve  of  any 
of  the  trustees  appointed  as  members  of  the  board  on  behalf  of  the 
State,  the  remaining  trustees  shall,  at  their  first  meeting  thereafter, 
have  power  to  fill  all  vacancies  occasioned  by  such  death,  resig- 


94  AGKICULTURAL  AND  MECHANICAL  COLLEGE. 

nation  or  refusal  to  serve;  and  the  person  or  persons  so  appointed 
shall  hold  their  offices  as  trustees  during  the  natural  or  unexpired 
terms  of  the  person  or  persons  for  whom  they  are  substituted  and 
appointed.  Any  trustee  who  shall  fail  to  attend  two  consecutive 
meetings,  without  proper  notification  to  the  secretary  of  the  reason 
therefor,  shall  hereby  vacate  his  office  of  trustee,  and  the  board 
shall  fill  the  vacancy  as  hereinbefore  provided  for. 

§  9.  All  necessary  expenses  incurred  by  the  trustees  in  going  to, 
returning  from,  or  while  attending  the  meetings  of  the  board,  shall 
be  met  and  discharged  out  of  the  funds  of  the  institution. 

§  10.  That  in  addition  to  the  regular  meetings,  called  meetings  of 
the  board  of  trustees  may  also  be  held.  The  call  for  such  meeting 
must  be  in  writing,  signed  by  three  or  more  trustees.  The  call  must 
also  be  formally  communicated  by  the  secretary  to  each  trustee 
by  mail,  at  his  post-office  address,  at  least  fifteen  days  before  the  day 
fixed  for  the  meeting,  and  must  state  definitely  the  object  of  the 
meeting;  and  no  business  not  thus  explicitly  announced  shall  be 
acted  on  at  the  called  meeting. 

§  11.  That  the  regular  collegiate  period  of  the  Agricultural  and 
Mechanical  College  shall  be  four  years,  and  only  those  students 
who  pass  through  that  period  and  attain  the  prescribed  standard  of 
proficiency  in  the  regular  course  of  studies,  or  those  who,  having 
qualified  themselves  elsewhere,  shall  be  found,  after  at  least  one 
year's  attendance  in  the  college,  to  have  attained  the  prescribed 
standard  of  proficiency  in  the  regular  course  of  studies,  shall  re- 
ceive a  diploma  from  the  college.  But  a  normal  department  or 
course  of  instruction  for  irregular  periods,  designed  more  particu- 
larly, but  not  exclusively,  to  qualify  teachers  for  common  or  other 
schools;  and  an  academy  or  preparatory  department -to  prepare  stu- 
dents for  the  regular  courses  of  study  in  the  college,  shall  be  estab- 
lished and  maintained  in  connection  with  the  college,  each  under  a 
competent  principal  and  assistants,  and  under  the  general  supervi- 
sion and  control  of  the  faculty  thereof. 

§  12.  That  the  board  of  trustees  be,  and  hereby  are,  empowered 
to  establish  proper  regulations  for  government  of  the  college  and 
the  physical  training,  military  or  otherwise,  of  the  students,  and 
to  authorize  the  suspension  and  dismissal  of  students  for  neglect  or 
violation  of  the  regulations,  and  for  other  conduct  prejudicial  to  the 
character  and  welfare  of  the  institution. 


AGRICULTURAL  AND  MECHANICAL  COLLEGE.  95 

§  13.  That  the  board  of  trustees  shall  make  to  the  General  As- 
sembly, within  the  first  month  of  each  regular  session,  a  full  report 
of  the  condition  and  operation  of  the  college  since  the  date  of  the 
preceding  report,  with  such  recommendations  concerning  the  col- 
lege as  may  be  deemed  necessary. 

§  14.  Each  legislative  district  in  the  State  shall,  in  consideration 
of  the  incomes  accruing  to  the  college  under  "An  act  for  the  benefit 
of  the  Agricultural  and  Mechanical  College  of  Kentucky,"  approved 
April  29,  1880,  be  entitled  to  select  and  to  send  to  said  college  each 
year  one  properly  prepared  student,  free  from  all  charges  for  tui- 
tion, matriculation  fees,  room  rent,  fuel  and  lights,  and  to  have  all 
the  advantages  and  privileges  of  J:he  college  and  dormitories  free, 
except  board.     Said  students  shall  be  entitled,  free  of  any  cost  what- 
ever, to  the  benefits  enumerated  above,  for  the  term  of  years  neces- 
sary to  complete  the  course  of  study  in  which  he  or  she  matriculates 
for  graduation,  or  during  good  behavior.     All  beneficiaries  of  the 
State  who  continue  students  for  one  consecutive  collegiate  year, 
or  ten  months,  unless  unavoidably  prevented,  shall  also  be  entitled 
to  their  necessary  traveling  expenses  in  going  to  and  returning  from 
said  college.     The  selection  of  the  beneficiaries  shall  be  made  by  the 
superintendents  of  common  schools  in  their  respective  counties, 
upon  competitive  examination,  on  subjects  prepared  by  the  faculty 
of  the  college,  and  transmitted  to  said  superintendents  before  the 
first  day  of  June  of  each  year :  Provided,  That  no  standard  of  admis- 
sion adopted  by  the  college  for  admission  into  the  academy  shall 
exclude  from  the  benefits  of  this  act  county  appointees  who  have 
completed  the  course  of  study  prescribed  by  law  for  the  common 
schools  of  the  Commonwealth.     Said  competitive  examination  shall 
be  open  to  all  persons  between  the  ages  of  fourteen  and  twenty-four 
years.     Preference  shall  be  given,  other  things  being  equal,  to  those 
who  have  passed  with  credit  through  the  public  school,  persons  of 
energy  and  industry,  whose  means  are  small,  to  aid  whom  in  obtain- 
ing a  good  education  this  provision  is  intended.     If  any  represen- 
tative district  contains  more  than  one  county,  each  county  so  in- 
cluded shall  be  entitled  to  select  one  beneficiary  as  aforesaid.     Said 
competitive  examination  shall  be  held,  and  the  successful  camp  titor 
appointed,  between  the  first  day  of  June  and  the  first  day  of  August 
of  each  year.     It  shall  be  the  duty  of  the  county  superintendent 


96  AGRICULTURAL  AND  MECHANICAL  COLLEGE. 

to  make  known  the  benefits  of  this  provision  to  each  common  school 
district  under  his  superintendency,  with  the  time  and  place  when 
and  where  such  competitive  examination  shall  be  held.  He  shall, 
for  this  purpose,  appoint  a  board  of  examiners,  whose  duty  it  shall 
be  to  conduct  the  examination. 

§  15.  In  addition  to  the  foregoing,  teachers  or  persons  prepar- 
ing to  teach  may  be  admitted  at -the  rate  of  not  more  than  four  from 
each  county,  upon  the  same  conditions,  receive  the  same  benefits, 
and  have  the  same  privileges  in  said  college  as  prescribed  in  the 
preceding  section.  These  appointments  shall  be  vested  in  the  eoun- 
ty  superintendents.  Said  appointments  may  be  made  and  certified 
to  the  president  of  the  college  at  any  time  between  the  first  day  of 
July  and  the  thirty-first  day  of  December  of  each  year. 

§  16.  The  president  shall,  on  or  before  the  first  day  of  July  of 
each  year,  have  printed  and  mailed  to  each  county  superintendent 
of  common  schools  of  this  State  at  least  as  many  circulars  of  infor- 
mation relative  to  said  college  as  there  are  common  school  districts 
in  said  respective  counties.  Said  circulars  shall  set  forth  in  full 
the  benefits  of,  methods  of  admission  into,  and  the  probable  cost 
to  beneficiaries  of  said  college.  The  county  superintendents  of 
common  schools  shall  have  at  least  one  of  said  circulars  posted  in 
the  schoolhouse  of  each  common  school  district  in  their  respective 
counties  during  the  term  of  the  free  school  thereof. 

§  17.  All  acts  and  parts  of  acts  in  conflict  with  this  are  hereby 
repealed. 

§  18.  That,  as  the  difference  in  the  cost  of  travel  from  different 
parts  of  the  State  practically  operates  as  a  difference  in  advantages 
offered  to  different  parts  of  the  State,  an  emergency  is  declared  to 
exist,  and  this  act  shall  be  in  full  force  and  effect  from  and  after  its 
approval  by  the  Governor. 

Approved  May  9,  1893. 


STATE  NORMAL  SCHOOL  FOK  COLORED  PERSONS.       97 

V.  STATE  NORMAL  SCHOOL  FOB  COLORED  PERSONS. 

AN  ACT  concerning  the  State  Normal  School  for  Colored  Persons. 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: *  1.  The  State  Normal  School  for  Colored  Persons,  estab- 
lished by  an  act  of  the  General  Assembly,  approved  May  eighteenth, 
one  thousand  eight  hundred  and  eighty-six,  shall  hereafter  be  un- 
der the  control  and  supervision  of  a  board  of  trustees,  composed  of 
the  Superintendent  of  Public  Instruction,  who  shall  be  ex  offido 
chairman  of  the  board,  and  three  intelligent  and  discreet  persons, 
residents  of  Franklin  county,  to  be  appointed  by  the  Governor  sub- 
ject to  the  approval  of  the  Senate,  who  are  hereby  constituted  a 
body-corporate,  with  power  to  sue  and  be  sued,  plead  and  be  im- 
pleaded,  and  to  hold  in  trust  all  funds  and  property  now  owned  by 
said  school,  or  which  may  hereafter  be  provided  for  it,  and  shall 
be  known  and  designated  as  "The  Board  of  Trustees  of  the  Kentucky 
State  Normal  School  for  Colored  Persons."  The  term  of  office  of 
the  three  members  appointed  by  the  Governor  shall  begin  on  the 
first  day  of  July,  one  thousand  eight  hundred  and  ninety-three,  and 
one  member  thereof  shall  retire,  as  may  be  determined  by  lot,  at 
the  end  of  one  year  thereafter,  one  in  two  years,  and  the  other  in 
three  years;  their  successors  shall  be  appointed  by  the  Governor 
for  a  term  of  three  years;  they  shall  be  subject  to  removal  by  the 
Governor  for  cause,  and  he  is  authorized  to  fill  all  vacancies  occur- 
ring by  death,  resignation  or  otherwise.  Said  board  shall  adopt 
such  rules  for  the  government  of  said  school,  not  inconsistent  with 
law,  as  they  deem  proper,  and  shall  supervise  all  its  interests,  pro- 
vide for  all  its  wants,  confer  weekly  with  the  faculty,  and  require 
formal  reports  of  the  actual  condition  of  the  school  in  every  regard. 
They  shall,  biennially,  beginning  on  the  first  day  of  July,  1893, 
elect  some  suitable  person  outside  of  their  own  number  as  treas- 
urer, who,  before  entering  on  his  duty,  shall  give  bond  in  such  a  surn 
as  they  may  prescribe,  and  they  shall  agree  with  him  as  to  com- 
pensation: Provided,  That  in  no  case  shall  such  compensation  exceed 
one  hundred  dollars  per  annum. 

§  2.  There  shall  be  maintained  in  said  institution  a  department 
for  the  education  of  colored  students  in  agriculture  and  the  me- 
chanic arts,  and  for  said  purpose  said  board  shall  be  entitled  to 
7 


$8       STATE  NORMAL  SCHOOL  FOK  COLORED  PERSONS. 

receive  an  equitable  division  of  the  moneys  arising  from  the  sale 
of  public  lands,  and  appropriated  to  the  State  of  Kentucky  by  an 
act  of  Congress,  approved  August  30, 1890,  entitled  "An  act  to  apply 
a  portion  of  the  proceeds  of  public  lands  to  the  more  complete  en- 
dowment and  support  of  the  college  for  the  benefit  of  agriculture 
and  the  mechanic  arts,  established  under  the  provisions  of  an  act  of 
Congress,"  approved  July  2,  1862. 

§  3.  Said  board  shall  prescribe  the  course  of  study  for  the  said 
normal  school;  shall  select  the  instructors  and  fix  their  salaries, 
and  shall  determine  the  conditions,  subject  to  the  limitations  here- 
inafter specified,  on  which  pupils  shall  be  admitted  to  the  privileges 
of  the  school. 

§  i.  Any  pupil,  to  gain  admission  to  the  privileges  of  instruction 
in  said  normal  school,  shall  be  at  least  sixteen  years  of  age,  possess 
good  health,  satisfactory  evidence  of  good  moral  character,  and 
sign  a  written  pledge,  to  be  filed  with  the  principal,  that  said  appli- 
cant will,  as  far  as  practicable,  teach  in  the  colored  common  schools 
of  Kentucky  a  period  equal  to  twice  the  time  spent  as  a  pupil  in 
said  normal  school,  together  with  such  other  conditions  as  the 
board  may,  from  time  to  time,  impose.  But  no  such  pledge  shall  be 
required  of  pupils  who  matriculate  in  the  departments  of  agricul- 
ture or  mechanics. 

§  5.  Tuition  in  the  said  normal  school  shall  be  free  to  all  col- 
ored residents  of  Kentucky  who  fulfill  the  conditions  as  set  forth 
in  the  preceding  section,  and  such  other  conditions  as  the  board 
may  require.  The  board  shall  fix  the  rate  of  tuition  and  the  condi- 
tions on  which  pupils,  who  are  residents  of  Kentucky,  may  be  ad- 
mitted to  the  privileges  of  said  normal  school. 

§  6.  No  religious  tenets  shall  be  taught  in  said  normal  school, 
but  a  high  standard  of  Christian  morality  shall  be  observed  in  its 
management,  and,  so  far  as  practicable,  shall  be  inculcated  in  the 
minds  of  the  pupils. 

§  7.  The  board  shall,  in  a  body  or  by  a  majority  of  their  number, 
visit  said  normal  school  once  during  each  session,  witness  the  ex- 
ercises, and  otherwise  inspect  the  condition  of  said  school,  and 
they 'shall  make  a  biennial  report  to  the  Legislature,  setting  forth 
the  financial  and  scholastic  condition  of  said  normal  school,  making 
such  suggestions  as  in  their  opinion  would  improve  the  same,  and 


STATE   NORMAL  SCHOOL  FOR  COLORED  PERSONS.  99 

in  the  years  in  which  there  is  no  session  of  the  Legislature,  they 
shall  make  their  report  to  the  Governor. 

§  8.  The  sum  of  $3,000  shall  be  annually  appropriated  out  of 
the  State  Treasury  to  pay  the  teachers  and  defray  other  necessary 
expenses  in  the  maintenance  of  said  normal  school,  which  amount, 
together  with  the  sum  received  under  the  provisions  of  said  act  of 
ron^i-ess,  shall  be  set  apart  and  be  known  and  held  as  the  col- 
ored normal  school  fund.  This  fund  shall  be  paid  out  of  the  State 
Treasury  only  on  the  warrant  of  the  Auditor,  drawn  on  the  order 
of  tin-  board. 

§  9.  The  board  is  authorized  to  grant,  from  time  to  time,  cer- 
tificates of  proficiency  to  such  pupils  as  shall  have  completed  the 
prescribed  course  of  study  in  arff  department  of  the  institution, 
a ud  whose  moral  character  and  disciplinary  relations  to  said  school 
shall  be  satisfactory.  And  such  teachers  as  shall  have  completed 
the  prescribed  course  of  study  in  the  normal  department,  and  ex- 
hibited satisfactory  evidence  of  ability  to  instruct  and  manage  a 
school,  shall  be  entitled  to  diplomas  appropriate  to  such  degrees 
as  the  board  shall  confer  upon  them,  which  diplomas  shall  entitle 
them  to  teach  in  any  of  the  colored  common  schools  of  this  State. 

§  10.  All  acts  in  conflict  with  the  provisions  of  this  act  are  here- 
by repealed. 

§  11.  By  reason  of  unnecessary  expenses  attached  to  the  pres- 
ent management  of  said  school,  an  emergency  is  hereby  declared 
to  exist  for  the  immediate  taking  effect  of  this  act;  it  shall,  there- 
fore, take  effect  upon  its  approval  by  the  Governor. 

Approved  May  22,  1893. 


V.-a.    A  RESOLUTION  CONCERNING  THE  STATE  NORMAL  SCHOOL 
FOR  COLORED  PERSONS,    MAKING   AN   ADDITIONAL   AP- 
PROPRIATION TO  EXTEND  THE  GROUND  AND 
ENLARGE  THE  BUILDINGS. 

WHEREAS,  The  annual  appropriation  of  three  thousand  dollars 
for  the  State  Normal  School  for  Colored  Persons  is  inadequate  for 
the  needs  of  said  school;  and  whereas,  in  order  to  elevate  the  col- 
ored race  in  Kentucky,  it  is  absolutely  necessary  that  the  young 
men  and  women  should  be  educated  in  all  branches  of  industry  to 
which  said  race  are  adapted;  and  whereas,  Kentucky  pays  less 


100  PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST  CLASS. 

than  many  other  States,  with  fewer  colored  men  and  no  greater  re- 
sources, for  the  education  of  the  colored  race;  and  whereas,  in  or- 
der to  succeed  in  this  great  enterprise,  it  is  necessary  to  extend  the 
grounds  and  enlarge  the  buildings;  therefore 

Be  it  resolved  oy  the  General  Assembly  of  the  Commonwealth  of 
Kentucky:  §  1.  That  two  thousand  dollars,  in  addition  to  the  three 
thousand  dollars  annually  appropriated,  be  set  apart  for  the  pur- 
pose of  extending  the  grounds  and  enlarging  the  buildings  as  the 
trustees  of  said  institution  may  direct,  for  the  year  ending  June  30, 
1896,  and  one  thousand  dollars  for  the  year  ending  June  30,  1897. 

§  2.  This  additional  appropriation  shall  be  paid  out  of  the  State 
Treasury  only  on  the  warrant  of  the  Auditor,  drawn  on  the  order 
of  the  board  of  trustees. 

Approved  March  5,  1896.     Takes  effect  June  15,  1896. 


VI.     PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST  CLASS. 

(The  sections  are  numbered  as  in  charter  of  1893.) 
§  166.  At  the  regular  municipal  election  in  1893  there  shall  be 
elected,  by  the  qualified  voters  in  each  legislative  district  of  the 
city,  two  qualified  persons  as  school  trustees,  and  the  persons  so 

elected  shall  constitute  and  be  styled  the (name  of 

city) school  board,  and  by  said  title  shall  be  a  cor- 
poration. The  trustees  first  elected  shall,  within  three  months  af- 
ter the  election,  cause  the  trustees  from  each  district  to  be  divided 
by  lot  into  two  classes,  and  the  members  of  the  first  class  shall  va- 
cate their  offices  at  the  end  of  one  year  from  the  day  of  their  gen- 
eral  election;  and  annually  thereafter  there  shall  be  elected  by  the 
qualified  voters  in  each  district  one  qualified  person  as  trustee  of 
said  schools,  who  shall  hold  his  office  for  two  years  and  no  longer. 
The  school  trustees  of  cities  of  the  first  class  are  hereby  continued 
corporate  under  the  name  and  style  of  the  -  -  (name 

of  city)  —  —  school  board,  with  power  to  govern  themselves 

by  such  rules  and  regulations  for  school  purposes  as  they  may  deem 
proper,  not  to  conflict  with  this  act  nor  the  Constitution  and  laws 
of  this  State  nor  the  United  States;  with  power  to  contract 
and  be  contracted  with,  sue  and  be  sued,  to  defend  and  be  defended 
in  all  courts;  to  acquire  property  for  school  purposes  by  purchase, 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE   FIRST  CLASS.  101 

gift  or  otherwise;  to  hold  the  same  and  a-11  property  and  effects  now 
belonging  to  them,  or  in  the  names  of  others,  to  the  use  of  the  pub- 
lic school,  for  the  purposes  and  intent  for  which  the  same  were 
granted  or  dictated;  to  use,  manage,  improve,  sell  and  convey, 
rent  or  lease,  property,  and  have  like  power  over  property  hereafter 
acquired;  to  have  a  common  seal,  and  change  it  at  pleasure,  and 
act  with  or  without  a  seal.  No  portion  of  the  property  or  funds 
held  or  raised  for  said  schools  shall  ever  be  applied  to  the  support 
of  any  school  or  schools  not  entirely  under  the  control  and  manage- 
ment of  the  said  board.  The  members  of  said  board  shall,  before 
entering  upon  the  duties  of  their  offices,  make  oath  or  affirmation, 
before  some  judicial  officer  of  this  Commonwealth,  faithfully  to  dis- 
charge the  duties  enjoined  on  them.  In  conformity  to  the  provi- 
sions of  section  152  of  the  Constitution  of  Kentucky,  the  said  board 
shall  have  power  to  fill  all  vacancies  by  death,  resignation  or  other 
causes,  and  shall  judge  of  the  qualification  of  its  members. 

§  167.  Rules  and  by-laws  shall  be  adopted  by  the  board  within 
thirty  days  after  organization  succeeding  each  election;  they  shall 
not  be  amended,  suspended,  or  repealed,  except  upon  affirmative 
vote  of  not  less  than  two-thirds  of  the  members  in  office,  upon  yea 
and  nay  vote  of  the  board,  entered  upon  its  records. 

§  168.  The  board  shall  meet  once  a  month,  and  oftener  if  neces- 
sary for  the  transaction  of  business.  A  majority  of  the  board  shall 
be  a  quorum. 

§  169.  No  appropriation  of  money  shall  be  made  by  the  board,  ex- 
cept upon  the  affirmative  vote  of  a  majority  of  the  members.  The 
vote  shall  be  entered  upon  its  records. 

§170.  All  proceedings  of  the  board  shall  be  entered  in  a  book 
provided  for  that  purpose.  This  book  shall  be  a  public  record,  and 
at  all  times  be  open  to  the  inspection  of  the  citizens. 

§  171.  It  shall  be  the  duty  of  the  board,  at  the  beginning  of  each 
fiscal  year,  to  ascertain  and  estimate,  as  correctly  as  may  be,  the 
means  applicable  to  educational  purposes  for  the  current  fiscal 
year;  when  such  sum  is  ascertained,  the  board  shall  apply  the  same 
to  the.  following  purposes:  Salaries,  repairs,  rents,  building  ac- 
count, general  expenses  and  incidental  expenses.  The  board  may, 
from  time  to  time,  thereafter  change  the  amount  appropriated  for 


102  PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIKST  CLASS. 

said  different  purposes,  with  the  consent  of  not  less  than  two-thirds 
of  the  members;  but  in  no  event  shall  the  board  exceed  in  the  ag- 
gregate the  estimated  amount  of  its  income  for  the  current  year; 
no2'  shall  it  incur  any  liability  in  one  year  to  be  paid  out  of  the  rev- 
enues of  the  next  year. 

§  172.  The  fiscal  year  of  the  board  shall  begin  on  the  first  day 
of  January  and  end  on  the  thirty-first  day  of  December.  The  scho- 
lastic year  of  the  board  shall  be  the  same  fixed  by  the  statutes  of 
Kentucky. 

§  173.  The  board  shall  elect  principals  and  teachers,  regulate 
and  fix  their  salaries  and  the  term  of  office  of  all  the  teachers,  offi- 
cers and  employes  of  the  board.  The  salaries  shall  not  be  changed 
during  the  year  for  which  they  are  fixed.  The  board  may  dismiss 
or  suspend  any  principal  or  teacher  or  employe  for  misconduct,  in- 
efficiency, neglect  of  duty  or  diminished  attendance  of  pupils. 

§  174.  The  board  shall  prescribe  the  branches  of  education  to 
be  taught  and  the  text-books  to  be  used.  Text-books  once  adopted 
shall  not  be  changed  except  by  unanimous  consent  of  the  board  un- 
til notice  of  said  proposed  change  shall  be  given  and  entered  upon 
the  records  of  the  board  one  full  scholastic  year,  and  then  only  by 
the  affirmative  vote  of  not  less  than  two-thirds  of  the  members. 

§  175.  The  board  shall  prescribe  the  necessary  qualifications 
and  mode  of  examination  for  applicants  for  admission  to  the  va- 
rious schools.  For  school  children  whose  parents  are  too  poor  to 
purchase  books,  the  board  shall  provide  text-books. 

§  176.  No  catechism  or  other  formula  of  religious  belief  shall  be 
taught  or  inculcated,  nor  shall  any  class-book  be  used  which  re- 
flects on  any  religious  denomination. 

§  177.  The  board  shall  have  power  to  admit  to  the  schools  pu- 
pils from  beyond  the  city  limits,  and  shall  collect  from  all  persons 
so  admitted  tuition  fees  for  the  benefit  of  the  school  fund -of  the 
city,  but  may  make  equitable  allowance  or  reduction  for  taxes  paid 
for  schools  by  such  children  or  their  parents  on  property  in  the 
city.  Children  of  persons  residing  outside  of  the  city  limits  shall 
not  be  admitted  as  pupils  into  any  of  the  public  schools,  except 
upon  payment  of  such  tuition  as  the  board  may  require  as  afore- 
said. 

§  178.  The  board  shall  elect  for  a  term  of  two  years  a  secretary, 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST  CLASS.  103 

who  shall  attend  all  meetings  of  the  board  and  keep  its  records. 
He  shall  receive  all  moneys  due  the  board,  and  shall  deposit  the 
same  in  some  chartered  bank  to  be  selected  by  him  and  approved  by 
the  board,  and  he  shall  perform  such  other  duties  as  may  be  re- 
quired by  the  board.  He  shall  annually  give  bond,  with  surety, 
to  be  approved  by  the  board,  for  the  faithful  discharge  of  his 
duties. 

§  179.  The  funds  of  the  board  deposited  in  bank  shall  be  with- 
drawn only  on  the  order  of  the  board,  evidenced  by  the  check  of  its 
secretary,  countersigned  by  the  chairman  of  the  committee  on 
finance,  or  in  his  absence  or  disability,  by  the  next  member  of  the 
committee -in  order. 

>j  180.  No  fees  or  perquisites  shall  be  received  by  said  secre- 
tary. Interests  paid  on  deposits  must  be  accredited  to  the  board. 

§  181.  The  board  shall  elect  for  a  term  of  two  years  a  superin- 
tendent, who  shall  perform  such  duties  as  may  be  prescribed  by  the 
board. 

§  182.  In  investigation  of  charges  or  complaints  against  any  of 
its  members,  officers,  principals,  teachers  or  other  employes,  the 
board,  or  its  committee  on  grievances,  shall  have  the  power  to  sum- 
mon witnesses,  and  by  its  chairman  administer  oath.  Any  willful 
disregard  of  said  summons  or  process  may  be  punished  by  any 
judge  of  the  circuit  court  on  complaint  of  the  board  as  contempt 
of  such  court  is  punished. 

§  is:*.  The  board  may  punish  its  members  for  misconduct  by 
reprimand  or  expulsion  from  office,  and  punish  its  officers,  prin- 
cipals, teachers  and  employes  by  reprimand,  suspension,  forfeiture 
of  pay  or  dismissal,  as  it  may  judge  appropriate  for  the  offense  com- 
mitted. Any  officer  or  member  of  said  board  who  shall  receive 
any  money  or  other  thing  of  value,  directly  or  indirectly,  for  his 
vote  or  influence  in  favor  of  any  measure  upon  which  he  shall  act 
officially,  shall  be  deemed  guilty  of  a  felony,  and,  upon  conviction 
thereof,  be  confined  in  the  penitentiary  not  less  than  two  nor  more 
than  ten  years. 

£  1S4.  To  raise  money  for  the  maintenance  of  the  schools  the 
general  council  shall,  in  the  year  1893,  and  annually  thereafter, 
cause  to  be  levied  and  collected  a  tax  of  not  less  than  thirty-three 
cents  on  each  one  hundred  dollars'  worth  of  property  assessed  for 


104  PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST  CLASS. 

taxation  for  city  purposes.  Upon  the  completion  of  the  assess- 
ment of  property  for  taxation  the  amount  levied  as  above  shall 
annually  be  passed  to  the  credit  of  the  school  fund  upon  the  books 
of  the  city,  and  the  said  amount,  as  collected,  shall  be  paid  over  to 
the  board  by  the  treasurer  in  regular  weekly  installments,  the  first 
payment  to  be  made  within  one  week  after  the  collection  of  said 
amount  shall  have  been  commenced,  and  the  other  payment  to  be 
made  weekly  thereafter  in  current  money  by  the  said  treasurer  as 
collected. 

§  185.  For  the  maintenance  of  the  schools  there  shall  be  appro- 
priated the  sum  or  sums  which  may  have  been  received  from  year  to 
year  as  the  city's  portion  of  the  school  fund  of  this  Commonwealth. 

§  186.  So  much  real,  personal  or  mixed  property  in  the  city 
which,  from  alienage,  defect  of  heirs,  failure  of  kindred  or  other 
causes,  shall  escheat  to  the  Commonwealth  of  Kentucky,  shall  vest 
in  the  board  for  the  use  and  benefit  of  the  schools.  Said  board  may, 
in  the  name  of  the  Commonwealth,  for  the  use  and  benefit  of  the 
public  schools  of  the  city,  by  its  president  or  other  officer  to  be  desig- 
nated by  it,  enter  upon  and  take  possession  of  said  property,  or  sue 
for  and  recover  the  same  by  an  action  at  law  or  in  equity,  and  witn- 
out  office  found.  The  board  may  sell  and  convey  any  of  such  prop- 
erty by  warranty  deed  or  otherwise. 

§  187.  The  board  shall  have  the  power  to  examine,  or  cause  to 
be  examined,  by  competent  persons,  all  applicants  for  the  position 
of  principal,  teacher  or  professor  in  the  schools. 

§  188.  .4  certificate  granted  to  any  person  shall  be  void,  if  the 
holder  thereof  shall  not  receive  regular  employment  of  the  board 
within  five  years  from  its  date,  but  may  be  renewed  by  another 
examination.  The  board  may  revoke  any  certificate  issued  by  it 
for  any  cause  by  it  deemed  sufficient. 

§  189.  When  a  city  of  the  first  class  establishes  and  maintains 
a  system  of  common  schools,  to  which  all  applying  for  instruction 
are  permitted  to  attend  free  of  charge,  the  same  shall  be  deemed 
one  school  district  for  taxation  purposes  and  entitled  to  its  pro- 
portion of  the  school  fund.  Such  city  shall,  through  its  proper 
officers,  deputed  for  that  purpose,  make*  its  annual  report  to  the 
Superintendent  of  Public  Instruction  at  the  time  and  in  a  similar 
manner  to  that  required  of  trustees  of  other  districts.  They  shall 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIKST  CLASS.  1Q5 

also  take  the  census  of  the  children  of  school  age  in  the  district  at 
least  once  in  five  years,  and  make  return  thereof  to  the  Superin- 
tendent of  Public  Instruction  at  the  same  time  other  school  trus- 
tees are  required  to  make  their  return,  and  shall,  for  neglect  or 
violation  of  their  duties  in  that  respect,  be  liable  to  the  same  penal- 
ties. The  board  shall  appoint  a>suitable  person  to  take  the  census, 
who  shall  take  and  return  the  same  to  it,  duly  certified  as  correct. 
He  shall  be  paid  reasonable  compensation  for  his  services.  For 
he  years  in  which  the  census  is  not  required  to  be  taken,  the  board 
shall,  at  the  time  such  returns  are  required  to  be  made,  prepare, 
mail  and  cause  to  be  placed  in  the  hands  of  the  Superintendent  of 

Public  Instruction   a  report  duly  certified  of  the  number  of  chil- 

*•• 

dren  of  school  age  as  shown  by  the  last  preceding  report  or  census, 
with  such  an  increase  or  addition  to  that  number  as  is  ascertained  to 
be  the  annual  increase  of  the  children  in  the  district,  upon  averaging 
the  yearly  increase  during  the  five  years  next  preceding  the  filing 
of  the  report :  Provided,  however,  That  the  board  may  cause  an  actual 
census  to  be  taken  in  any  of  such  years,  and  so  report  to  the  Super- 
intendent as  heretofore  required  to  be  done  in  every  fifth  year. 
The  commissioner  of  the  county  in  which  such  cities  are  located 
shall  have  no  control  over  the  schools  in  such  districts,  but  the 
same  shall  be  governed  in  all  respects  as  herein  provided. 

§  190.  No  person  shall  be  eligible  to  the  office  of  trustee  of  the 
public  schools  who  has  not  attained  the  age  of  thirty  years,  and 
who  is  not  a  housekeeper,  or  who  is  not  the  owner  of  real  estate 
in  said  city,  or  who  is  not  a  citizen  of  the  United  States,  or  a  bona 
fide  resident  of  the  Commonwealth  of  Kentucky,  and  of  the  legisla- 
tive district  of  the  city  for  which  he  is  elected,  for  three  years  next 
preceding  his  election;  or  who  holds  or  discharges  any  office,  deputy- 
ship  or  agency  under  the  city  or  any  district  or  county,  or  under  the 
State  of  Kentucky  or  any  department  thereof,  or  under  the  United 
States  or  any  foreign  government,  except  notaries  public  and  militia 
officers  of  Kentucky.  No  person  shall  be  eligible  to  this  office  who. 
at  the  time  of  his  election,  is  directly  or  indirectly  interested  in  any 
contract  with  the  board,  or  who  holds  any  office  of  trust,  agency  or 
salary  with  any  corporation  which  holds  any  contract  with  the 
board,  or  who  is  in  any  way  benefited  by  the  appropriations  of  the 
board;  or  whose  father,  son,  brother,  wife,  daughter  or  sister  is 


106          PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLAS>. 

employed  as  teacher  or  as  professor,  or  in  any  other  capacity  by 
said  board,  or  in  any  of  the  public  schools,  or  who  is,  directly  or 
indirectly,  interested  in  the  sale  to  the  board  of  books,  stationery 
or  other  property. 

§  191.  If,  after  election,  any  member  of  the  board  should  become 
a  candidate  for  nomination  or  for  any  office  or  agency,  the  holding 
and  discharging  of  which  would  have  rendered  him  ineligible  before 
his  election,  or  should  he  remove  out  of  the  district  for  which  he 
was  chosen,  or  should  he  do  or  incur  anything  which  would  'uive 
rendered  him  ineligible  for  election,  or  should  any  of  the  relatives 
above  specified  be  employed  by  the  board,  his  office  shall  become 
vacant  and  be  filled  as  herein  directed. 

§  192.  Members  of  the  board  shall  not  be  elsewhere  called  in 
question  for  language  used  in  debate. 

§  193.  No  white  child  shall  become  a  pupil  in  any  school  for 
colored  children,  and  no  colored  child  shall  become  a  pupil  in  any 
school  for  white  children;  but  schools  for  white  and  colored  chil- 
dren shall  be  kept  and  maintained  separately. 

Approved  July  1,  1893. 


VII.    PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS. 

(ARTICLE  IX.  OF  THE  CHARTER.) 

§  1.  There  shall  be  maintained  a  system  of  public  schools,  at 
which  all  children  wrho  are  bona  fide  residents  of  the  city  between 
the  ages  of  six  and  twenty  years  may  be  taught  at  the  public  ex- 
pense, and  schools  may  be  opened  as  a  part  of  said  system  to  teach 
children  of  the  ages  of  four,  five  and  six  years  by  the  kindergarten 
method.  Said  schools  shall  be  under  the  control  of  a  board,  to  be 
styled  the  "Board  of  Education,"  consisting  of  two  trustees  from 
each  ward  in  the  city,  to  be  elected,  however,  by  the  qualified  voters 
at  large  of  the  city.  Said  board  of  education  shall  continue,  and 
they  are  hereby  declared,  a  body-politic  and  corporate,  under  the 
name  and  style  of  "Board  of  Education,"  with  perpetual  succession; 
and  by  that  name  may  contract  and  be  contracted  with,  sue  and  be 
sued,  have  and  use  a  corporate  seal,  the  same  to  alter  or  renew  at 
pleasure;  may  purchase,  receive,  hold,  lease  and  dispose  of  real  and 
personal  estate  for  public  school  purposes.  The  control  and  man- 
agement of  the  public  schools  of  the  city  and  the  property  and  funds 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS,          1Q7 

thereunto  belonging,  shall  be.  and  is  hereby,  vested  in  said  board, 
subject  to  the  provisions  of  this  act.  They  shall  have  power  to 
make  by-laws  and  rules,  not  in  conflict  herewith,  necessary  for  the 
discharge  of  their  duties  and  the  government  of  their  proceedings. 
They  shall  meet  once  in  each  month,  or  oftener  if  necessary,  but  it 
shall  require  a  majority  of  the  members-elect  of  said  board  to  con- 
stii ute  a  quorum  for  the  transaction  of  business,  and  for  the  appro- 
priation of  money  or  the  execution  of  a  contract,  the  concurrence 
of  a  majority  of  the  members-elect  of  said  board  shall  be  indispens- 
able, and  upon  a  call  for  the  yeas  and  nays,  to  be  entered  of  record. 
The  meetings  of  said  board  shall  be  held  in  some  public  place,  and 
a  correct  record  of  their  proceedings  shall  be  kept  in  a  book  pro- 
vided for  that  purpose,  which  shall  be  a  public  record,  and  open 
to  inspection  by  any  officer  or  citizen  of  the  city. 

§  2.  Said  board  of  education  shall  determine  for  itself  the  qual- 
ification and  election  of  its  members.  They  shall  have  the  power 
to  fill,  until  the  next  general  election,  all  vacancies  in  said  board 
occasioned  by  death,  removal,  or  otherwise,  and  all  returns  of  elec- 
tion shall  be  made  to  the  clerk  of  said  board,  who  by  direction  of 
the  board,  shall  issue  certificates  of  election. 

§  3.  All  the  property  now  used  for  public  school  purposes  in  the 
city,  or  which  may,  at  any  time,  be  owned  by  the  board  of  educa- 
tion, and  all  the  funds  or  means  that  may,  at  any  time,  come  under 
the  control  of  same,  are  hereby  forever  dedicated  to  the  purpose  of 
public  schools  of  the  city,  and  the  title  to  all  property,  real  and  per- 
sonal, and  the  property  itself,  in  the  city,  known  and  used  as  public 
school  property,  are  hereby  vested  in  said  corporation,  and  the 
same  shall  forever  remain  free  from  any  debt  or  liability  of  the 
city,  and  free  from  any  city  or  State  taxation. 

§  4.  Said  board  shall  have  power  to  elect  and  appoint  such  su- 
perintendent, principals  and  teachers  as  they  may  deem  necessary 
for  the  public  school,  regulate  and  fix  their  salaries,  and  may,  at 
any  time,  suspend  or  remove  them,  or  any  of  them,  by  a  vote  of  two- 
thirds  of  the  members-elect  of  the  board.  Said  board  may  pur- 
chase, build  or  rent  any  ground,  building  or  buildings  necessary  or 
convenient  for  public  school  purposes,  and  may  make  contracts  to 
that  end ;  and  any  property  so  leased,  purchased,  or  otherwise  occu- 
pied, may  be  reserved  by  terms,  deed  or  lease  to  the  public  schools 


108          PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS. 

of  the  city;  and,  if  so  reserved,  shall  not  be  liable  for  any  debt  or 
debts  of  the  city  not  incurred  for  public  school  purposes.  Said 
board  may  also  receive  and  hold  to  public  school  purposes  any  gift 
or  devise. 

5.  Said  board  shall  prescribe  the  branches  of  education  to  be 
taught,  the  necessary  qualifications,  and  mode  of  examination, 
and  the  number  of  teachers  to  be  annually  admitted  to  each  school. 
They  shall  fix  the  boundaries  of  the  districts  within  which  children 
shall  be  admitted  to  each  school;  but  the  majority  of  said  board 
may  permit  children  residing  in  one  district  to  attend  school  in  an- 
other. They  may  establish  high  schools  and  fix  a  grade  of  public 
schools,  and  prescribe  the  rules  by  which  pupils  may  pass  from  one 
grade  to  another,  and  from  the  graded  to  the  high  school. 

§  6.  All  children  entitled  shall  have  equal  right  of  admission  to, 
and  benefits  of,  said  school,  wherein  no  catechism  or  other  form 
of  religious  belief  shall  be  taught  or  inculcated;  nor  shall  any  class 
book  be  used  therein  which  reflects  upon  any  religious  denomina- 
tion or  sect;  neither  shall  any  of  said  schools  be  so  conducted  as  to 
interfere  with  the  religious  faith  or  creed  of  either  parents  or  pu- 
pils. 

»  $  7.  Said  board  shall,  at  the  end  of  each  scholastic  year,  prepare 
and  cause  to  be  published,  a  printed  statement  showing  the  number 
of  admissions  in,  expulsions  from,  and  present  number  of  pupils  in 
each  school,  with  the  general  condition,  and  the  educational 
progress  made  therein;  the  amount,  character  and  condition  of  all 
funds  and  other  property  belonging  to  said  schools,  together  with 
such  other  information  as  may  be  proper  and  necessary  for  the  ben- 
efit of  said  schools  and  the  general  public. 

•"§8.  Said  board  shall  annually,  in  the  month  of  January,  ap- 
proximately ascertain  the  amount  of  money  necessary  to  be  used  to 
defray  the  expenses  of  maintaining  the  schools,  improving  or  con- 
structing of  buildings,  and  so  forth,  thereof,  and  any  liquidations 
of  the  liabilities  during  the  current  fiscal  year,  and  report  the  same, 
together  with  the  amount  to  be  received  from  the  common  school 
fund  of  the  State  of  Kentucky  (which  amount  the  board  shall  ascer- 
tain by  taking  the  census  required  by  law  in  April)  to  the  Auditor, 
and  thereupon  the  general  council  shall,  at  the  request  of  said 
board,  levy  and  collect  such  taxes  as  may  be  requested,  and  the 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS.  1Q9 

money  arising  from  said  levy  shall,  under  the  direction  and  control 
of  said  board,  be  used  for  the  benefit  of  the  common  schools  and 
for  the  purpose  of  paying  off  the  indebtedness  of  said  board :  Pro- 
vided, That  said  levy  shall  not,  in  any  one  year,  exceed  thirty-five 
cents  on  each  one  hundred  dollars'  valuation,  and  ten  cents  on  each 
one  hundred  dollars'  valuation  additional  for  sinking  fund  pur- 
poses, as  returned  by  the  Board  of  Equalization  on  all  taxable  prop- 
erty in  the  city:  And  provided  further.  That  this  act  shall  not  be 
so  construed  as  to  prevent  said  board  from  receiving  and  expend- 
ing any  sum  or  sums  that  may  come  to  them  by  gift,  devise,  or  any 
law  of  the  State.  The  tax  bills  for  all  taxes  levied  by  the  general 
council  for  the  public  schools  shall  be  made  out  by  the  city  clerk 
and  included  in  the  tax  bills  containing  the  ordinary  levy,  and 
shall  be  collected  with  the  same,  by  the  same  officer,  and  in  the 
same  manner  that  the  ordinary  levies  are  collected  by  the  collect- 
ing officer,  and  the  powers  and  duties  conferred  and  required  of 
officers  in  collecting  the  ordinary  city  taxes  are  hereby  conferred 
and  required  of  them  in  collecting  the  taxes  levied  for  said  public 
schools;  and  such  collecting  officer  and  his  sureties  shall  be  liable 
under  his  official  bond  for  any  failure  to  perform  his  duties,  upon 
which  bond  suit  may  be  brought  for  the  use  of  said  board  and  re-, 
covery  had  for  such  amount  as  shall  be  found  due  thereon.  All 
such  sums  of  money,  when  collected  and  paid  into  the  city  treasury, 
shall  be  set  apart  to,  and  passed  over  to,  the  common  school  fund 
subject  to,  and  drawn  out  only  by,  the  order  of  said  board,  as  pro- 
vided by  law  and  ordinances  of  the  said  board  then  existing. 

Approved  March  17,  1896.     Takes  effect  June  15,  1896. 

§  9.  Said  board  shall  have  power  to  admit  to  said  schools  pupils 
from  beyond  the  limits  of  the  city,  and  may  collect  therefrom  tui- 
tion fees,  for  the  benefit  of  the  school  fund  of  the  city,  and  no  chil- 
dren of  persons  residing  beyond  said  limits  shall  be  admitted  as 
pupils  in  any  of  said  schools,  except  on  payment  of  such  tuition  fees 
as  said  board  may  require.  Said  board  may  elect  or  appoint  such 
employes  as  they  deem  necessary,  and  shall  prescribe  and  fix  the 
compensation  of  each,  and  may  dismiss  the  same  at  pleasure. 

§  10.  Said  board  may  appoint  a  board  of  examiners,  to  consist 
of  not  less  than  two  nor  more  than  five  competent  persons,  whose 
duty  it  shall  be,  together  with  the  superintendent,  to  examine, 
under  such  rules  and  regulations  as  may  be  prescribed  by  the  board, 


11J  .        PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS. 

into  the  qualifications  of  all  applicants  for  a  position  as  superinten- 
dent, principal  or  teacher  of  said  schools:  Provided,  That  no  person 
other  than  the  superintendent,  shall  be  a  member  of  said  board  of 
examiners,  who  shall  be  employed  in  or  connected  with  the  public 
schools  of  the  city.  Said  board  of  examiners  shall  receive  such  com- 
pensation, and  perform  such  duties  as  may  be  prescribed  by  said 
board. 

§  11.  The  said  board  of  education  shall  provide,  maintain  and 
support  separate  schools  wherein  all  colored  children,  who  are 
bona  fide  residents  of  said  city,  between  the  ages  of  six  and  twenty 
years,  may  be  taught  in  like  manner  as  herein  provided  for  white 
children.  Said  colored  schools  shall  be  entitled  to  the  same  bene- 
fits, be  governed  by  the  same  rules  and  regulations,  and  be  subject 
to  the  same  restrictions  as  the  schools  herein  provided  for  the 
white  children. 

§  12.  No  member  of  the  board  of  education,  or  officer,  or  teacher, 
or  employe  thereunder,  shall  be,  directly  or  indirectly,  interested 
in  any  contract,  with  work  done  for  or  by,  or  furnishing  of  supplies, 
or  sale  of  property  to  or  for,  the  said  board,  be  in  arrears  to  it  for 
money  collected  or  held,  without  a  quietus  therefor;  having  been 
convicted  of  malfeasance  in  office,  bribery  or  other  corrupt  practice 
or  crime,  or  hold  any  office  or  employment  in  any  company  or  cor- 
poration which  has  been,  or  is  an  applicant  for  any  contract  with 
said  board  (stockholders  in  such  companies  or  corporations  are  not, 
however,  herein  included);  but  they  shall  not  vote  on,  or  interfere, 
directly  or  indirectly,  with  any  matter  or  question  aft'ecting  such 
company  or  corporation,  in  any  manner  whatever,  other  than  com- 
mon with  the  general  public,  nor  use  his  official  position  to  secure 
the  patronage  of  the  teachers  or  employes  of  said  board.  An;y 
person  violating  the  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor,  and  shall  forfeit  his  office  or  position,  and  be  in- 
eligible to  be  a  member  of,  or  hold  any  office  or  employment  under, 
said  board. 

§  13.  The  board  shall  have  power  to  establish  and  maintain  a 
normal  school  or  normal  training  class  for  the  purpose  of  train- 
ing the  graduates  of  the  high  school  and  others  to  be  teachers  in 
the  schools  of  the  city,  and  to  this  end  it  may  prescribe  such  rules 
and  regulations  for  the  government  of  said  normal  school  or  normal 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS.  HI 

training  class,  and  employ  a  principal  and  other  teachers,  as  may 
be  necessary  for  the  maintenance  of  the  said  normal  school  or  nor- 
. nial  training  class. 

£  14.  The  treasurer  of  the  city  shall  be  treasurer  of  said  board 
of  education,  and  as  snch  shall  keep  separate  and  distinct  from  all 
other  funds  all  moneys,  bonds  and  securities  belonging  to,  or  which 
may  hereafter  be  dedicated  or  set  apart  for,  public  schools,  and 
shall  only  pay  out  or  deliver. any  of  said  funds,  bonds  or  securities 
upon  the  warrant  of  said  clerk,  and  approved  by  the  president  of 
the  board  of  education,  and  shall  perform  such  other  duties  as  may 
be  prescribed  by  said  board. 

§  15.  Said  board  shall  have  power  to  appoint  a  clerk,  and  pre- 
scribe his  duties  and  term  of  office,  fix  his  compensation,  and  pay 
the  same  out  of  the  school  fund,  and  shall  require  of  him  bond  and 
security,  if  they  deem  the  same  necessary.  The  proceedings  of 
the  board  of  education,  and  copies  therefrom,  certified  by  its  clerk, 
shall  be  taken  in  the  same  manner  and  have  the  same  force  and  ef- 
fect in  courts  and  elsewhere  as  are  now  given  to  the  proceedings  of 
the  general  council. 

§  16.  Said  board  of  education  shall  have  exclusive  control  of 
all  school  funds  of  the  city,  from  whatever  source  the  same  may  be 
derived,  including  the  pro  rata  of  the  city  from  the  common  school 
fund  from  the  State  of  Kentucky.  They  shall  have  the  right  to 
receive  all  fines,  forfeitures  and  taxes  that  may  inure  to  the  benefit 
of  the  public  schools  of  the  city.  They  shall  have  power  to  expend 
all  moneys  in  the  interest  of  the  public  schools  in  the  city,  and  the 
warrant  of  the  city  clerk,  and  approved  by  the  president  of  the 
board,  shall  be  honored  by  the  treasurer  to  the  amount  of  the 
school  fund  in  the  treasury  .  - 

§  17.  All  indebtedness,  bonded  or  otherwise,  and  all  liabilities 
and  contracts  of  the  school  board  existing  at  the  time  this  takes 
effect,  and  all  taxes,  funds,  sinking  funds  or  other  resources  that 
have  been  pledged  or  set  apart  for  the  payment  of  the  principal  of 
the  interest  thereof,  shall  continue  unimpaired,  and  remain  of  the 
same  force  and  effect  as  though  the  same  had  been  authorized  and 
contracted  by  the  express  provision  of  this  law,  and  said  board 
may  refund  any  debt  by  the  issuance  of  bonds. 

§  18.  No  money  shall  be  drawn  from  the  fund  unless  the  same 


112          PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS. 

has  been  appropriated  by  order  of  the  board  of  education,  and  no 
appropriation  of  money  shall  be  made  to  be  paid  out  of  said  school 
fund,  unless  the  money  shall  actually  be  in  the  treasury  to  meet 
the  draft;  and  if  any  appropriation  shall  be  made,  and  there  shall 
be  no  money  in  the  treasury  at  the  time  of  the  making  of  said  ap- 
propriation with  which  to  pay  the  same,  the  members  or  the  board 
of  education  voting  therefor  shall  be  individually  liable  to  any 
party  injured  for  the  amount  of  damages  sustained  in  consequence 
thereof. 

§  19.  At  the  first  general  election  under  this  act  there  shall  <be 
elected,  as  members  of  said  board  of  education,  two  persons,  to  be 
elected  from  each  ward  of  the  city,  but  elected  by  the  qualified  voters 
at  large  of  the  city,  subject  to  modifications  as  to  the  qualifications 
of  voters  herein  prescribed.  The  one  person  from  each  ward  re- 
ceiving the  highest  number  of  votes  for  two  years,  and  the  one 
from  each  ward  receiving  the  next  highest  number  of  votes  for 
one  year,  and  in  case  two  receive  the  same  number  of  votes,  the 
time  shall  be  decided  by  lot.  And  on  the  same  day  of  each  year 
thereafter  there  shall,  in  like  manner,  be  elected  one  person  from 
each  ward  by  the  voters  at  large  as  a  member  of  said  board  for  two 
years.  All  persons  elected  under  this  section  shall  assume  the 
duties  of  his  office  on  the  first  Monday  in  January  following  said 
election.  Trustees  in  office,  whose  time  has  not  expired  when  this 
act  takes  effect,  shall  remain  in  office  until  their  successors  are 
elected  and  qualified. 

§  20.  Said  board  of  education  shall  elect  from  their  own  num- 
ber a  president  for  the  term  of  two  years,  and  may  prescribe  who 
shall  preside  in  his  absence,  and  make  all  necessary  rules  prescrib- 
ing the  duties  of  the  presiding  officer,  and  the  government  of  them- 
selves. 

§  21.  All  votes  at  elections  of  members  of  said  board  shall  be 
by  secret  ballot,  and  after  such  registration,  and  subject  to  such 
rules  and  regulations  as  to  manner  of  registration  as  may  be  pre- 
scribed by  law  for  election  of  State  officers. 

§  22.  All  persons,  possessing  the  qualifications  required  by  this 
act  to  make  them  eligible  to  election  as  members  of  the  board  of 
councilmen,  shall  be  eligible  to  membership  in.  the  board  of  educa- 
tion, and  all  persons  possessing  qualifications  required  by  this  act, 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  THIRD  CLASS.  113 

or  which  may  be  prescribed  by  ordinance,  in  order  to  vote  at  elec- 
tions for  city  officers,  are  hereby  declared  qualified  to  vote  at  all 
elections  for  members  of  the  board  of  education,  and  women,  who 
possess  such  other  qualifications  required  for  males,  are  hereby 
declared  to  be  eligible  as  members  of  said  board  of  education,  and 
qualified  to  vote  at  any  and  all  elections  for  members  of  said  board. 

§  23.  The  officers  required  to  hold  registration  for  voters  in 
cities  shall  provide  for  separate  registration  of  men  and  women, 
and  cause  to  be  opened  separate  polls,  at  which  all  persons  desir- 
ing to  vote  for  members  of  the  school  board  shall  be  permitted  to 
vote;  otherwise,  both  the  registration  and  election  shall  be  held 
according  to  the  provisions  of  tfre  general  election  law. 

§  24.  In  any  city  of  the  second  class,  where  members  of  the 
school  board  were  elected  at  the  general  election,  1893,  such  mem- 
bers so  elected  shall  hold  their  respective  office  until  the  regular 
election  in  1895.  In  any  city,  where  no  such  election  was  held,  the 
mayor  thereof  shall  appoint  two  members  of  said  board  from  each 
ward  in  the  city,  subject  to  the  approval  of  the  board  of  aldermen, 
and  the  board  so  appointed  shall  hold  their  office,  exercise  the 
powers,  and  be  subject  to  the  regulations  of  this  act,  until  the 
regular  election  in  1895. 

Approved  March  19,  1894. 


VIII.     PUBLIC  SCHOOLS  IN  CITIES  OF  THE  THIBD  CLASS. 

(The  sections  are  numbered  as  in  the  charter  of  1893.  The 
amendatory  act  of  March  19,  1894,  struck  out  from  each  of  sections 
226  and  227  the  words,  "by  and  with  the  concurrence  of  the  common 
council,"  and  these  sections  are  so  printed  here.) 

§  223.  There  shall  be  maintained  a  system  of  public  schools, 
at  which  all  the  children  residing  in  the  city  between  the  ages 
of  six  and  twenty  years  may  be  taught  at  the  public  expense.  Said 
school  shall  be  under  the  control  of  a  board  to  be  styled  "The 
Board  of  Education,7'  consisting  of  two  trustees  from  each  ward  in 
the  city,  to  be  elected  at  the  general  November  election  in  1893,  by 
the  qualified  voters  of  the  city  at  large.  The  trustees  so  elected 
k shall  hold  their  offices  one-half  for  two  years  and  one-half  for  four 
years,  as  shall  be  determined  by  lot  at  the  first  regular  meeting  after 
the  election.  And  at  the  general  election,  every  two  years  there- 
8 


114  PUBLIC  SCHOOLS  IN  CITIES  OF  THE  THIRD  CLASS.' 

#fter,  there  shall  be  elected  by  the  qualified  voters  of  the  city  at 
large  one  trustee  from  each  ward  in  the  city  in  which  the  term  of 
Ids  predecessor  in  office  will  then  expire.  Said  trustees  shall  pos- 
sess the  same  qualifications  as  are  required  for  councilmen.  Said 
board  of  education  shall  continue,  and  it  is  hereby  declared,  a  body- 
politic  and  corporate,  under  the  name  and  style  of  board  of  educa- 
tion, with  perpetual  succession,  and  by  that  name  may  contract 
and  be  contracted  with,  sue  and  be  sued,  have  and  use  a  corporate 
seal,  the  same  to  renew  or  alter  at  pleasure;  may  purchase,  receive, 
hold,  lease,  sell  and  dispose  of  real  and  personal  estate  for  public- 
school  purposes.  The  control  and  management  of  the  public  schools 
of  the  city,  and  the  property  and  funds  thereunto  belonging,  shall 
l>e,  and  is  hereby,  vested  in  said  board,  subject  to  the  provisions  of 
this  law.  It  shall  have  power  to  make  by-laws  and  rules,  not  in 
conflict  herewith,  necessary  for  the  discharge  of  its  duties  and  the 
government  of  its  proceedings.  It  shall  meet  once  in  each  month, 
or  oftener  if  necessary,  and  a  majority  elect  of  said  board  shall  con- 
stitute a  quorum  for  the  transaction  of  business  and  for  the  appro- 
priation of  money  or  the  execution  of  a  contract,  the  concurrence 
-of  two-thirds  of  the  members  elect  of  said  board  shall  be  indispensa- 
ble, and  the  yeas  and  nays  shall  be  entered  of  record.  The  meetings 
of  said  board  shall  be  held  in  some  public  place, and  a  correct  record 
•of  its  proceedings  shall  be  kept  in  a  book  provided  for  that  purpose, 
which  shall  be  a  public  record. 

|  224.  Said  board  of  education  shall  determine  the  qualification 
ot  its  members.  It  shall  have  the  power  to  fill  until  the  next  gen- 
eral election  all  vacancies  in  said  board  occasioned  by  death,  re- 
moval or  other  cause. 

§  225.  All  property  now  used  for  public  school  purposes  in  the 
city,  or  which  may  at  any  time  be  owned  by  the  board  of  education, 
and  all  the  funds  or  means  that  are  now  or  may  hereafter  come 
under  the  control  of  the  same,  are  hereby  forever  dedicated  to 
the  use  of  public  schools  of  the  city,  and  the  title  to  all  property, 
real  and  personal,  in  the  city,  known  and  used  as  public  school  prop- 
erty, is  hereby  vested  in  said  corporation. 

§  226.  Said  board  of  education  shall  have  power  to  elect  or 
appoint  such  officers  as  may  be  necessary  for  its  own  government,  . 
and  to  require  covenant  with  surety  from  any  or  all  officers  for  the 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  THIKD  CLASS.  H5 

faithful  discharge  of  their  duties;  to  make  by-laws  not  in  conflict 
with  this  charter,  the  Constitution  or  laws  of  this  State,  for  the 
carrying  out  of  the  duties  of  their  office,  and  for  the  government  of 
its  own  officers,  schools,  teachers,  pupils  and  employes;  to  determine 
its  own  rules  of  proceedings,  and  to  appoint  superintendents,  teach- 
ers, and  other  officers  and  employes,  and  regulate  and  fix  their 
terms,  duties  and  compensation,  and  suspend  or  remove  them  or 
any  of  them  for  cause.  Said  board  may  purchase,  build  or  rent  any 
ground,  building  or  buildings,  necessary  or  convenient  for  the  public 
school  purposes,  and  may  make  contract  to  that  end;  and  any 
property  so  leased,  purchased  or  otherwise  occupied,  may  be  re- 
served by  terms,  deed  or  lease  to  the  public  schools  of  the  city,  and 
if  so  reserved,  shall  not  be  liable  for  any  debt  or  debts  of  the  city 
not  incurred  for  public  school  purposes.  Said  board  may  also 
receive  and  hold,  for  public  school  purposes,  any  gift  or  devise. 

§  227.  That  said  board  of  education  shall  have  the  power,  two- 
thirds  of  the  trustees  in  office  concurring  therein,  to  be  evidenced 
upon  the  call  of  the  yeas  and  nays,  and  recorded  upon  the  journal 
of  its  proceedings,  to  sell  and  convey  such  of  said  school  property 
for  the  purpose  of  reinvesting  all  the  net  proceeds  of  the  same  in 
the  purchase  of  other  lots,  and  building  thereon  other  school  build- 
ings. And  said  board  of  education  shall  have  no  power  to  divert 
or  apply  said  fund,  or  any  part  of  it,  to  any  other  purpose  whatso- 
ever than  for  the  purchase  of  grounds  and  the  building  thereon 
school  buildings  for  public  school  purposes,  and  if  it  do  so,  the  same 
shall  be  malfeasance  in  office. 

§  228.  Said  board  of  education  shall  have  the  power  to  select 
text-books  for  use  in  said  school,  and  prescribe  the  course  of  study, 
and  it  shall  also  have  power  to  hold  examinations,  determine  the 
qualifications  of  its  superintendent,  principals,  teachers,  and  issue 
certificates  to  same.  It  may  establish  high  schools  and  fix  the 
grade  of  public  schools,  and  prescribe  the  rules  by  which  pupils 
may  pass  from  one  grade  to  another,  and  from  the  graded  school  to 
the  high  school.  It  may  also  establish  and  maintain  kindergartens 
and  manual  training  schools  in  connection  with  the  public  school. 

§  229.  Said  board  shall,  at  the  end  of  each  scholastic  year,  pre- 
pare and  cause  to  be  published  a  printed  statement,  showing  the 
number  of  pupils  in  each  school,  with  the  general  condition  and 


116  PUBLIC  SCHOOLS  IN  CITIES  OF  THE  TH1KD  CLASS. 

educational  progress  made  therein,  the  amount,  character  and  con- 
dition of  all  funds  and  other  property  belonging  to  said  schools, 
together  with  such  information  as  may  be  proper  or  necessary  for 
the  benefit  of  said  schools  and  the  general  public. 

§  230.  Said  board  shall,  within  thirty  days  prior  to  the  time 
prescribed  for  the  levy  to  be  made  in  the  charter  of  cities  of  the 
third  class,  approximately  ascertain  the  amount  of  money  neces- 
sary to  be  used  to  defray  the  expenses  of  maintaining  the  schools, 
improving  or  constructing  buildings,  etc.,  thereof,  and  any  liquida- 
tion of  the  liabilities  during  the  current  fiscal  year,  and  report  the 
same,  together  with  the  estimated  amount  to  be  received  from  the 
common  school  fund  of  the  State,  interest  on  bonds,  endowments, 
etc.,  to  the  city  auditor  or  clerk,  who  shall  thereupon  report  the 
same  to  the  general  council,  and  said  general  council  shall  make 
the  necessary  levy  and  collect  the  tax  to  provide  suitable  school 
buildings,  and  to  defray  the  general  expenses  necessary  for  school 
purposes :  Provided,  That  the  levy  for  any  one  year  shall  not  exceed 
fifty  cents  on  each  one  hundred  dollars  of  value  of  taxable  property 
in  the  city  as  returned  by  the  board  of  equalization.  Said  tax  shall 
be  paid  to  the  board  or  authorized  agent  of  same  as  fast  as  col- 
lected. 

§231.  Said  board  of  education  shall  provide  and  maintain,  out 
of  the  funds  levied  or  otherwise  provided  for  the  purpose,  suitable 
buildings,  teachers,  and  other  employes,  sufficient  for  the  education 
of  all  children  of  the  city  between  six  and  twenty  years  of  age,  and 
shall  provide  separate  buildings  and  schools  for  the  education  of 
white  and  black  pupils;  and  no  white  child  shall  be  allowed  to 
attend  any  colored  school,  nor  shall  any  colored  child  be  allowed  to 
attend  any  white  school. 

§  232.  The  trustees  shall,  before  entering  upon  the  duties  of  their 
office,  take  the  oath,  or  make  affirmation,  as  prescribed  by  law. 

§  233.  No  member  of  the  board  of  education  shall  be  or  become, 
directly  or  indirectly,  interested  in  any  contract,  agreement  or  trade, 
touching  the  building  of  schoolhouses,  repairing  of  school  property, 
selection  of  text-books  or  other  thing,  or  use  his  official  position 
to  secure  the  patronage  of  the  teachers  or  employes  of  the  schools. 
No  member  of  the  board  of  education  shall  receive  any  salary  for 
his  services  as  such. 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  THIRD  CLASS.  H7 

§  234.  Said  board  of  education  shall  elect  its  own  treasurer  and 
fix  bond  of  same,  who  shall  keep  a  distinct  account  of  all  moneys 
belonging  unto,  or  which  may  hereafter  be  dedicated  to,  or  set 
apart  for,  public  schools,  and  shall  only  pay  out  or  deliver  any  of 
said  funds,  upon  the  warrant  of  the  board  of  education,  counter- 
signed by  the  secretary,  and  approved  by  the  president  of  the 
board  of  education,  and  shall  perform  such  other  duties  as  may  be 
prescribed  by  said  board. 

§  235.  Said  board  of  education  shall  have  exclusive  control  of 
all  school  funds  of  the  city,  from  whatever  source  the  same  may 
be  derived,  including  the  pro  rata  of  the  city  from  the  common 
school  fund  of  the  State.  It  shall  have  the  right  to  receive  all 
fines,  forfeitures  and  taxes  that  may  inure  to  the  benefit  of  the  pub- 
lic schools  of  the  city.  It  shall  have  power  to  expend  all  moneys 
in  the  interest  of  public  schools  of  the  city,  and  the  warrants  of 
the  board  of  education,  countersigned  by  the  secretary  and  ap- 
proved by  the  president  of  the  board,  shall  be  honored  by  the  treas- 
urer to  the  amount  of  the  school  funds  in  his  custody 

£  2'>6.  All  indebtedness,  bonded  or  otherwise,  and  all  liabilities 
and  contracts  of  the  school  board,  existing  at  the  time  this  law 
takes  effect,  and  all  taxes,  funds,  sinking  funds  or  other  resources 
that  have  been  pledged  or  set  apart  for  the  payment  of  the  princi- 
pal and  interest  thereof,  shall  continue  unimpaired  and  remain 
of  the  same  force  and  effect  as  though  the  same  had  been  author- 
ized and  contracted  by  the  express  provision  of  this  law. 

§  237.  No  money  shall  be  drawn  from  the  funds,  unless  the  same 
shall  have  been  appropriated  by  order  of  the  board  of  education, 
and  no  appropriation  of  money  shall  be  made  to  be  paid  out  of  said 
school  funds,  unless  the  money  shall  actually  be  in  the  treasury  to 
meet  the  draft. 

§  238.  Said  board  of  education  shall  elect  from  its  own  number 
a  president,  for  the  term  of  two  years,  and  may  prescribe  who  shall 
preside  in  his  absence,  and  make  all  necessary  rules,  prescribing 
the  duties  of  the  presiding  officer  and  the  government  of  itself; 
and  said  board  shall  also  elect  a  secretary  at  a  salary  not  exceeding 
one  hundred  dollars  per  annum,  whose  duty  it  shall  be  to  keep  a 
record  of  the  proceedings  of  all  regular  and  special  meetings,  coun- 
tersign all  warrants  and  contracts,  and  whose  term  of  office  shall 
be  two  vears. 


118          PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FOUKTH  CLASS. 

§  239.  Said  board  of  education  shall  have  the  power  and  right  to 
establish  and  maintain  a  public  school  library,  out  of  any  funds 
coming  into  its  hands,  except  that  received  by  taxation,  or  from 
the  State  funds,  and  also  to  purchase  text-books  for  indigent  chil- 
dren of  the  city,  and  to  otherwise  expend  such  moneys  in  the  inter- 
est of  the  public  schools.  Said  board  of  education  shall  have  the 
power  and  right  to  make  rules  and  regulations  governing  said 
school  library. 

§  240.  Said  board  shall  have  power  to  admit  to  said  school  pu- 
pils from  beyond  the  limits  of  the  city,  and  may  collect  therefrom 
tuition  fees  for  the  benefit  of  the  schools  of  the  city,  making  de- 
duction of  taxes  for  school  purposes  on  property  in  said  city  paid 
by  parents  of  said  children;  and  no  children  of  persons  residing 
beyond  said  limits  shall  be  admitted  as  pupils  in  any  of  said 
schools  except  on  payment  of  such  tuition  fees  as  said  board  may 
require. 

§241.  No  section  of  this  chapter  shall  be  so  construed  as  to  re- 
peal in  anywise  any  special  act  or  amendment  thereto  heretofore 
passed  for  any  city  of  the  third  class  for  the  establishment,  main- 
taining and  carrying  on  a  high  school. 

§  242.  For  the  reason  that  cities  of  the  third  class,  in  the  op- 
eration of  their  government,  need  at  once  some  of  the  provisions 
of  this  act,  and  owing  to  the  manner  of  elections,  an  emergency  is 
declared  to  exist,  and  this  act  shall  take  effect  from  its  approval  by 
the  Governor. 

Act  approved  June  14,  1893. 


IX.     PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FOURTH  CLASS. 

(The  sections  are  numbered  as  in  the  charter  of  1893.  Section 
107  is  given  as  amended  by  the  act  of  March  18,  1894.  This  act  had 
an  emergency  clause.) 

§89.  There  may  be  maintained  a  system  of  public  schools,  at 
which  all  the  children  residing  in  the  city  between  the  ages  of 
six  and  twenty  years  may  be  taught  at  the  public  expense.  Said 
school  shall  be  under  the  control  of  a  board,  to  be  styled  "The 
Board  of  Education,"  consisting  of  two  trustees  from  each  ward  in 
the  city,  to  be  elected  at  the  general  November  election  in  the  year 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FOURTH  CLASS.          119 

one  thousand  eight  hundred  and  ninety-three,  by  tlie  qualified  voters 
of  the  city  at  large.  They  shall  meet  and  qualify  on  the  first  Monday 
in  January  after  their  election.  The  trustees  so  elected  shall  hold 
their  offices  one-half  for  two  years  and  one-half  for  four  years,  as 
shall  be  determined  by  lot,  at  the  first  regular  meeting  after  the 
election.  And  at  the  general  election,  every  two  years  thereafter, 
there  shall  be  elected  by  the  qualified  voters  of  the  city  at  large  one 
trustee  from  each  ward  in  the  city  in  which  the  term  of  his  prede- 
cessor in  office  will  then  expire.  Said  trustees  shall  possess  the 
same  qualifications  as  are  required  for  a  councilman.  Said  boar& 
of  education  shall  continue,  and  it  is  hereby  declared,  a  body  politic 
corporate,  under  the  name  and  style  of  board  of  education,  with 
perpetual  succession,  and  by  that  name  may  contract  and  be  con- 
tracted with;  sue  and  be  sued;  have  and  use  a  corporate  seal,  the 
same  to  renew  or  alter  at  pleasure;  may  purchase,  receive,  hold, 
lease,  sell  and  dispose  of  real  and  personal  estate  for  public  school 
purposes.  The  control  and  management  of  the  public  schools  of 
the  city,  and  the  property  and  funds  hereunto  belonging,  shall  be, 
and  is  hereby,  vested  in  said  board,  subject  to  the  provisions  of 
this  law.  It  shall  have  power  to  make  by-laws  and  rules  not  in 
conflict  herewith,  necessary  for  the  discharge  of  its  duties  and  the 
government  of  its  proceedings.  It  shall  meet  once  in  each  month, 
or  oftener  if  necessary,  and  a  majority-elect  of  said  board  shall  con- 
stitute a  quorum  for  the  transaction  of  business,  and  for  the  appro- 
priation of  money  or  the  execution  of  a  contract,  the  concurrence 
of  two-thirds  of  the  members-elect  of  said  board  shall  be  indis- 
pensable, and  the  yeas  and  nays  shall  be  entered  of  record.  The 
meetings  of  said  board  shall  be  held  in  some  public  place,  and  a 
correct  record  of  its  proceedings  shall  be  kept  in  a  book  provided 
for  that  purpose,  which  shall  be  a  public  record. 

§  90.  Said  board  of  education  shall  determine  the  qualification 
of  its  members.  It  shall  have  the  power  to  fill,  until  the  next  gen- 
eral election,  all  vacancies  in  said  board  occasioned  by  death,  re- 
moval or  other  cause. 

§  91.  All  property  now  used  for  public  school  purposes  in  the 
city,  or  which  may  at  any  time  be  owned  by  the  board  of  education, 
and  all  the  funds  or  means  that  are  now  or  may  hereafter  come 
under  the  control  of  the  same,  ji.re  herebv  forever  dedicated  to  the 


120          PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FOURTH  CLASS. 

use  of  public  schools  of  the  city,  and  the  title  to  all  property,  real 
and  personal,  in  the  city,  known  and  used  as  public  school  property, 
is  hereby  vested  in  said  corporation. 

§92.  Said  board  of  education  shall  have  power  to  elect  or  ap- 
point such  officers  as  may  be  necessary  for  its  own  government, 
and  to  require  covenant  with  surety  from  any  or  all  officers  for  the 
faithful  discharge  of  their  duties;  to  make  by-laws  not  in  conflict 
with  this  charter,  the  Constitution  or  laws  of  this  State,  for  the 
carrying  out  the  duties  of  their  office,  and  for  the  government  of 
its  own  officers,  schools,  teachers,  pupils  and  employes;  to  deter- 
mine its  own  rules  of  proceedings,  and  to  appoint  superintendents, 
teachers  and  other  officers  and  employes,  and  regulate  and  fix  their 
terms,  duties  and  compensation,  and  suspend  or  remove  them,  or 
any  of  them,  for  cause.  Said  board,  by  and  with  the  concurrence 
of  the  city  council,  may  purchase,  build  or  rent  any  ground,  build 
or  rent  any  ground,  building  or  buildings,  necessary  or  convenient 
for  the  public  school  purposes,  and  may  make  contract  to  that  end ; 
and  any  property  so  leased,  purchased  or  otherwise  occupied,  may 
be  reserved  by  terms,  deed  or  lease  to  the  public  schools  of  the  city, 
and  if  so  reserved  shall  not  be  liable  for  any  debt  or  debts  of  the 
city  not  incurred  for  public  school  purposes.  Said  board  may  also 
receive  and  hold,  for  public  school  purposes,  any  gift  or  devise. 

§  93.  That  said  board  of  education  shall  have  the  power,  two- 
thirds  of  the  trustees  in  office  concurring  therein,  to  be  evidenced 
upon  the  call  of  the  yeas  and  nays,  and  recorded  upon  the  journal 
of  its  proceedings,  by  and  with  the  concurrence  of  the  city  council, 
to  sell  and  convey  such  of  said  school  property  for  the  purpose  of 
reinvesting  all  the  net  proceeds  of  the  same  in  the  purchase  of 
other  lots  and  building  thereon  other  school  buildings.  And  said 
board  of  education  shall  have  no  power  to  divert  or  apply  said  fund 
or  any  part  of  it  to  any  other  purpose  whatsoever  than  for  the  pur- 
chase of  grounds  and  the  building  thereon  school  buildings  for 
public  school  purposes,  and  if  it  do  so  the  same  shall  be  malfeas 
ance  in  office. 

§  94.  Said  board  of  education  shall  have  the  power  to  select 
text-books  for  use  in  said  schools,  and  prescribe  the  course  of  study, 
and  it  shall  also  have  power  to  hold  examinations,  determine  the 
qualifications  of  its  superintendent,  principals,  teachers,  and  issue 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FOURTH  CLASS.  121 

•certificates  of  same.  It  may  establish  high  schools  and  fix  the 
grade  of  public  schools,  and  prescribe  the  rules  by  which  pupils 
may  pass  from  one  grade  to  another,  and  from  the  graded  school 
to  the  high  school.  It  may  also  establish  and  maintain  kinder- 
gartens and  manual  training  schools  in  connection  with  the  public 
school. 

§  95.  Said  board  shall,  at  the  end  of  each  scholastic  year,  pre- 
pare, and  cause  to  be  published,  a  printed  statement,  showing  the 
number  of  pupils  in  each  school,  with  the  general  and  educational 
progress  made  therein,  the  amount,  character  and  condition  of  all 

funds  and  other  property  belonging  to  said  schools,  together  with 

•»• 
such  information  as  may  be  proper  or  necessary  for  the  benefit  of 

said  schools  and  the  general  public. 

§  96.  Said  board  shall,  within  thirty  days  prior  to  the  time  pre- 
scribed for  the  levy  to  be  made  in  the  charter  of  cities  of  the  fourth 
class,  approximately  ascertain  the  amount  of  money  necessary  to 
be  used  to  defray  the  expenses  of  maintaining  the  schools,  improv- 
ing or  constructing  buildings,  et  cetera,  thereof,  and  any  liquida- 
tion of  the  liabilities  during  the  current  fiscal  year,  and  report  the 
same,  together  with  the  estimated  amount  to  be  received  from  the 
common  school  fund  of  the  State,  interest  on  bonds,  endowments, 
et  cetera,  to  the  city  auditor  or  clerk,  who  shall  thereupon  report 
the  same  to  the  city  council,  and  the  said  city  council  shall  make 
the  necessary  levy,  and  collect  the  tax  to  provide  suitable  school 
buildings,  and  to  defray  the  general  expenses  necessary  for  school 
purposes:  Provided,  That  the  levy  for  any  one  year  shall  not  ex- 
ceed fifty  cents  on  each  one  hundred  dollars  of  value  of  taxable 
property  in  the  city  as  returned  by  the  board  of  equalization.  Said 
tax  shall  be  paid  to  the  board  or  authorized  agent  of  same  as  fast 
as  collected. 

§  97.  Said  board  of  education  shall  provide  and  maintain,  out 
of  the  funds  levied  or  otherwise  provided  for  the  purpose,  suitable 
buildings,  teachers,  and  other  employes,  sufficient  for  the  educa- 
tion of  all  children  of  the  city  between  six  and  twenty  years  of  age, 
and  shall  provide  separate  buildings  and  schools  for  the  education 
of  white  and  black  pupils;  and  no  white  child  shall  be  allowed  to 
attend  any  colored  school,  nor  shall  any  colored  child  be  allowed 
to  attend  anv  white  school. 


122  PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FOURTH  CLASS. 

§  98.  The  trustees  shall,  before  entering  upon  the  duties  of 
their  office,  take  oath,  or  make  affirmation,  as  prescribed  by  law. 

§  99.  No  member  of  the  board  of  education  shall  be  or  become, 
directly  or  indirectly,  interested  in  any  contract,  agreement  or 
trade,  touching  the  building  of  schoolhouses,  repairing  of  school 
property,  or  use  his  official  position  to  secure  the  patronage  ^of  the 
teachers  or  employes  of  the  schools.  No  member  of  the  board  of 
education  shall  receive  any  salary  for  his  services  as  such. 

§  100.  Said  board  of  education  shall  elect  its  own  treasurer,  and 
fix  bond  of  same,  who  shall  keep  a  distinct  account  of  all  moneys  be- 
longing unto,  or  which  may  hereafter  be  dedicated  to,  or  set  apart 
for,  public  schools,  and  shall  only  pay  out  or  deliver  any  of  said 
funds  upon  the  warrant  of  the  board  of  education,  countersigned 
by  the  secretary,  and  approved  by  the  president  of  the  board  of 
education,  and  shall  perform  such  other  duties  as  may  be  pre- 
scribed by  said  board. 

§  101.  Said  board  of  education  shall  have  exclusive  control  of 
all  school  funds  of  the  city,  from  whatever  source  the  same  may  be 
derived,  including  the  pro  rata  of  the  city  from  the  common  school 
fund  of  the  State.  It  shall  have  the  right  to  receive  all  fines,  for- 
feitures and  taxes  that  may  inure  to  the  benefit  of  the  public  schools 
of  the  city.  It  shall  have  power  to  expend  all  moneys  in  the  inter- 
est of  the  public  schools  of  the  city,  and  the  warrants  of  the  board 
of  education,  countersigned  bythe  secretary  and  approved  by  the 
president  of  the  board,  shall  be  honored  by  the  treasurer  to  the 
amount  of  the  school  funds  in  his  custody. 

§  102.  All  indebtedness,  bonded  or  otherwise,  and  all  liabilities 
and  contracts  of  the  school  board,  existing  at  the  time  this  law 
takes  effect,  and  all  taxes,  funds,  sinking  funds  or  other  resources 
that  have  been  pledged  or  set  apart  for  the  payment  for  the  princi- 
pal and  interest  thereof,  shall  continue  unimpaired,  and  remain  of 
the  same  force  and  effect  as  though  the  same  had  been  authorized 
and  contracted  by  the  express  provisions  of  this  law. 

§  103.  No  money  shall  be  drawn  from  the  funds,  unless  same 
shall  have  been  appropriated  by  order  of  the  board  of  educationr 
and  no  appropriation  of  money  shall  be  made  to  be  paid  out  of  said 
school  funds,  unless  the  money  shall  actually  be  in  the  treasury  to 
meet  the  draft. 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FOURTH  CLASa          123 

§  104.  Said  board  of  education  shall  elect  from  its  own  number 
a  president,  for  the  term  of  two  years,  and  may  prescribe  who  shall 
preside  in  his  absence,  and  make  all  necessary  rules,  prescribing 
the  duties  of  the  presiding  officer  and  the  government  of  itself;  and 
said  board  shall  also  elect  a  secretary,  at  a  salary  not  exceeding 
one  hundred  dollars  per  annum,  whose  duty  it  shall  be  to  keep  a 
record  of  the  proceedings  of  all  regular  and  special  meetings,  coun- 
tersign all  warrants  and  contracts,  and  whose  term  of  office  shall 
be  two  years. 

§  105.  Said  board  of  education  shall  have  the  power  and  right 
to  establish  and  maintain  a  public  school  library,  out  of  any  funds 
coming  into  its  hands,  except  that  received  by  taxation,  or  from 
the  State  funds,  and  also  to  purchase  text-books  for  indigent  chil- 
dren of  the  city,  and  to  otherwise  expend  such  moneys  in  the  inter- 
est of  public  schools.  Said  board  of  education  shall  have  the 
power  and  right  to  make  rules  and  regulations  governing  said 
school  library. 

§  106.  Said  board  shall  have  power  to  admit  to  said  school  pu- 
pils from  beyond  the  limits  of  the  city,  and  may  collect  therefrom 
tuition  fees  for  the  benefit  of  the  schools  of  the  city,  making  deduc- 
tion of  taxes  for  school  purposes  on  property  in  said  city  paid  by 
parents  of  said  children;  and  no  children  of  persons  residing  be- 
yond said  limits  shall  be  admitted  as  pupils  in  any  of  said  schools, 
except  on  payment  of  such  tuition  fees  as  said  board  may  require. 

§  107.  Any  city  of  the  fourth  class,  in  which  said  system  of  pub- 
lic schools  shall  be  established  and  maintained,  shall  constitute 
one  common  school  district,  and  the  Superintendent  of  Public  In- 
struction shall  pay  every  year,  out  of  the  common  school  fund  of 
the  State  to  the  white  board  of  education,  the  same  amount  per 
capita,  for  each  white  child  of  pupil  age  in  said  district,  and  to  the 
colored  board  of  education  the  same  amount  per  capita,  for  each 
colored  child  of  pupil  age  in  said  district,  as  he  shall  pay  to  each 
child  of  pupil  age  in  other  school  districts  in  the  State.  Whenever 
the  board  of  council  of  any  city  of  this  class  shall  determine,  by  or- 
dinance, to  establish  and  maintain  a  system  of  public  schools  there- 
in, under  the  provisions  of  the  act  mentioned  in  the  title  of  this  act, 
or  in  case  there  was  a  failure  at  the  last  election  provided  for  in 
said  act  to  elect  a  board  of  education  in  any  city  of  the  fourth  class, 


124          INSTITUTION  FOE  THE  EDUCATION  OF  THE  BLIND. 

the  board  of  council  shall  have  the  power  and  authority  to  appoint 
trustees  for  such  school  to  serve  until  the  election  and  qualification 
of  trustees  as  provided  in  section  eighty-nine  of  said  act,  as 
amended  herein. 

Act  approved  June  28,  1893. 

[NOTE — Cities  of  the  Fifth  and  Sixth  Classes  are  provided  for  in   the  General 
School  Law.    Acts  of  Assembly,  1893,  Chapter  260.] 


X.     KENTUCKY    INSTITUTION    FOB    THE    EDUCATION    OF    THE 

BLIND. 

[The  Superintendent  of  Public  Instruction  is  required  by  law  to 
report  the  three  State  charitable  educational  institutions — setting 
forth  objects,  methods  of  admission,  etc.  For  convenience  of  ref- 
erence to  all,  and  for  the  information  of  those  who  may  be  more  im- 
mediately interested,  the  laws  establishing,  maintaining,  and  reg- 
ulating these  schools  are  included  in  this  volume.] 

AN  ACT  to  reduce  into  one  an  act  to  establish  the  Kentucky  Institute  for  the  Edu- 
cation of  the  Blind,  and  amendments  thereto. 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  1.  That  the  school  heretofore  established  and  known  as 
the  "Kentucky  Institution  for  the  Education  of  Blind,"  located 
within  the  city  of  Louisville,  shall  be  and  continue  as  a  corporation 
in  that  name  and  style,  with  power  and  right  as  such  to  sue  and  be 
sued,  plead  and  be  impleaded,  in  any  and  all  courts  of  justice  in  the 
United  States  of  America  or  elsewhere,  in  all  cases  in  which  the 
rights  or  interests  of  said  institution  are  involved;  and  said  institu- 
tion may  receive,  take,  and  hold  real  and  personal  estate,  by  gift, 
devise,  or  purchase,  and  dispose  of  the  same  for  the  use  and  bene- 
lit  of  said  institution;  and  may  have  a  common  seal,  or  act  without 
corporate  seal. 

§  2.  That  said  institution  shall  be  under  the  control,  direction 
and  management  of  nine  citizens  of  Jefferson  county,  as  visitors, 
who  shall  hold  their  offices  for  four  years,  and  until  their  success- 
ors are  appointed  and  qualify.  The  said  visitors  shall  be 
nominated  by  the  Governor,  and  approved  by  the  Senate,  and  any 
vacancy  in  the  board  of  visitors  by  death,  resignation,  removal  from 
the  county  of  Jefferson,  orany  other  cause,  the  Governor  shall  be  in- 
formed of  such  vacancy  by  the  president  or  secretary  of  the  board 


INSTITUTION  FOK  THE  EDUCATION  OF  THE  BLIND.  125 

of  visitors,  and  the  Governor  shall  appoint  some  competent  person 
of  Jefferson  county  to  supply  or  fill  such  vacancy  for  the  remainder 
of  the  term  of  the  office  of  the  visitor,  who  may  cease  to  be  a  mem- 
ber of  said  board;  and  such  appointment  shall  be  reported  by  the 
Governor  to  the  Senate  at  the  next  meeting  of  the  General  Assem- 
bly after  such  appointment,  for  confirmation.  Should  the  Senate 
reject  any  nomination  made  by  the  Governor  under  this  act,  he  may- 
make  other  nominations  to  the  Senate,  so  that  said  board  of  visitors 
shall  be  full  at  all  times.  The  said  visitors  shall  be  commissioned 
by  the  Governor,  and  shall  take  the  oath  of  office  required  by  the 
Constitution  of  this  State,  and  to  "well  and  truly  discharge  the 
duties  of  the  office  o^  visitor  as  required  by  this  act."  The  Governor 
shall  appoint  said  board  of  visitors  as  soon  as  this  act  becomes  a 
law. 

§  3.  That  the  board  of  visitors,  or  majority,  shall  appoint  from 
their  own  body  a  president  at  their  first  meeting,  who  shall  preside 
at  the  meeting  of  said  board,  and  do  and  perform  other  duties  re- 
quired of  him  by  the  by-laws,  rules  or  regulations  or  orders  of  said 
board;  and  said  board  shall  appoint  a  secretary  to  keep  a  regular 
record  of  the  proceedings  of,  and  to  perform  any  other  duties  the 
board  may  require  of  him.  The  said  board  of  visitors  may  receive, 
by  legacy  or  otherwise,  money,  land  and  other  property,  and  retain, 
use  and  apply  the  same  to  the  use  and  benefit  of  said  institution. 
The  board  of  visitors  shall  have  the  possession,  preservation,  repair, 
and  control  of  the  building  and  ground  belonging  to  this  State, 
dedicated  to  the  education  of  the  blind,  in  the  city  of  Louisville. 
And  said  board  of  visitors  shall  have  the  direction,  control,  and 
management  of  the  special  and  general  matters, concerns, and  inter- 
ests of  said  property  and  institution;  may  employ  a  superintendent, 
a  physician,  matron,  professors,  teachers,  servants,  and  all  other 
necessary  agents  and  employes,  and  fix  their  pay  or  compensation 
for  their  services;  prescribe  and  direct  their  duties  and  conduct;  re- 
move at  pleasure  any  superintendent,  matron,  professor,  teacher, 
servant,  agent  or  employe;  and  to  prescribe  the  course  of  educa- 
tion for  the  pupils  in  said  institution,  and  rules  for  their  govern- 
ment and  discipline,  and  fix  and  regulate  tuition  fees  and  terms 
of  admission  of  pupils  into  said  institution  from  other  States;  but 
no  charge  shall  be  made  for  the  admission  of  pupils  from  this  State. 


126  INSTITUTION  FOK  THE  EDUCATION  OF  THE  BLIND. 

The  said  board  of  visitors  shall  have  power  to  pass  such  by-laws, 
rules  and  regulations,  resolutions,  orders,  instructions,  as  a  ma- 
jority of  said  board  shall  consider  fit  and  proper  to  carry  into 
effect  and  force  the  powers  herein  granted,  and  may  repeal,  amend, 
or  annul  any  such  acts  or  proceedings,  and  adopt  others  to  effect- 
uate the  objects  of  the  said  institution.  The  said  board  of  visitors 
shall  meet  at  least  once  in  each  month  of  each  year,  at  any  place  in 
the  city  of  Louisville,  and  may  meet  oftener,  if  necessary,  to  trans- 
act the  business  committed  to  their  charge;  and  the  president  or 
any  two  members  of  said  board  may  call  a  meeting  of  the  board. 
In  the  absence  of  the  president  the  board  may  elect  a  president  pro 
tern.,  and  may  supply  the  place  of  the  secretary,  when  he  is  absent, 
in  the  same  manner.  The  said  board  of  visitors  shall  require  from 
the  superintendent  annually  a  full  and  detailed  statement  of  the 
condition  of  said  institution,  the  names  of  each  employe,  including 
matron,  professors;  teachers,  servants,  and  agents ;  the  pay  or  salary 
of  each  annually  or  monthly;  the  number  and  names  of  .pupils,  the 
residence  of  each,  the  number  of  pay  pupils,  the  amount  paid  by  them, 
and  a  full  account  and  statement  of  the  receipts  from  all  sources, 
and  expenditures  and  outlays  of  the  institution  in  the  preceding  year; 
and  may  require  from  the  superintendent  any  other  information  or 
fact  within  the  duties  prescribed  by  the  board  of  visitors  to  him. 
That-  said  board  of  visitors  shall  elect  a  treasurer  for  said  institu- 
tion, who  shall,  before  he  enters  upon  the  duties  of  his  office,  execute 
bond,  with  good  security,  to  be  renewed  biennially,  to  be  approved 
by  the  Governor  of  the  State,  payable  to  the  Commonwealth  of 
Kentucky,  in  the  penal  sum  of  $20,000,  conditioned  well  and  truly 
to  discharge  the  duties  of  the  office  of  treasurer  of  the  "Kentucky 
Institution  for  the  Blind,"  and  pay  over  and  account  for  all  money, 
and  to  account  for  and  deliver  all  property  or  evidence  of  debt  or  of 
value,  placed  in  his  hands  or  possession  as  treasurer  of  said  insti- 
tution, on  the  order  of  the  board  of  visitors,  which  bond  may  be 
enforced  and  recovery  had  on  a  breach  thereof,  by  motion  or  action 
at  law,  as  in  case  of  official  bonds  of  sheriffs  within  the  Common- 
wealth, and  shall  be  delivered  to  the  Auditor  of  Public  Accounts 
for  safe-keeping. 

§  4.  That  said  institution  and  its  control,  direction,  manage- 
ment, property,  means,  and  officers  and  employes  shall  be,  and*re- 


INSTITUTION  FOR  THE  EDUCATION  OF  THE  BLIND.  127 

main  at  all  times,  subject  to  the  control  and  pleasure  of  the  Gen- 
eral Assembly  of  the  Commonwealth,  and  the  Governor  shall  have 
a  supervisory  power  and  right  of  visitation  over  the  same. 

§5.  That  the  treasurer  of  said* institution  shall  only  pay  the 
debts,  claims  and  charges  against  said  institution  on  the  war- 
rant of  the  president,  after  they  have  been  examined,  audited 
and  approved  by  said  board  of  visitors,  at  a  meeting  of  a  majority 
of  the  members  thereof,  which  examination  and  approval  shall  be 
certified  by  the  president  of  said  board  and  countersigned  by  the 
secretary,  and  each  claim  shall  be  noted  or  named  on  the  journal 
of  the  proceedings  of  said  board,  giving  the  date,  amount  and  name 
of  the  person  to  whom  allowed.  The  said  treasurer  shall  annually, 
in  the  month  of  November,  settle  with  the  Auditor  of  Public  Ac- 
counts for  the  receipts  and  disbursements  during  the  year  preced- 
ing, and  shall  file  with  the  auditor  a  statement  of  said  account  and 
the  vouchers  for  the  same;  and  the  auditor  shall  furnish  and  deliver 
to  said  treasurer  a  written  statement  of  such  settlement,  signed  by 
the  auditor,  and  said  treasurer  shall  furnish  to  the  said  board  of 
visitors  an  annual  written  staement  of  his  account  immediately  after 
settling  the  same  with  the  auditor.  The  statement  of  the  auditor- 
shall  be  sufficient  voucher  to  the  treasurer. 

§  6.  That  the  board  of  visitors  shall  annually  report  to  the  Gover- 
nor (for  the  purpose  of  being  laid  before  the  General  Assembly)  a 
general  statement  of  the  condition  of  said  institution,  accompanied 
with  the  statements  required  to  be  furnished  to  said  board  by  the 
superintendent  and  treasurer,  so  that  the  Legislature  may  be  in- 
formed of  all  matters  connected  with  said  school,  and  its  wrants, 
prospects  and  benefits.  The  treasurer  may  be  removed  from  office 
at  the  pleasure  of  a  majority  of  the  members  of  the  board  of  vis- 
itors, and  another  elected  to  supply  the  vacancy ;  and  the  vacancy  in 
the  office  of  treasurer  may  be  filled  by  said  board  at  any  time. 

§  7.  That  the  board  of  visitors  shall  alone  have  the  power  to 
expel  a  pupil  from  said  institution;  and  no  officer  of  said  institu- 
tion, or  employe  thereof,  shall  be  permitted  to  inflict  corporal  pun- 
ishment upon  any  of  said  pupils. 

§  8.  That  to  enable  said  board  of  visitors  to  defray  and  pay  the 
expenses  of  said  institution,  and  provide  the  necessary  supplies  of 
food,  clothing,  and  other  proper  and  nen'ssary  things,  the  annual 


128  THE  KENTUCKY  INSTITUTE  FOK  DEAF  MUTES. 

appropriations  heretofore  made  for  said  institution  shall  be  contin- 
ued to  be  drawn  as  heretofore  authorized  by  law. 

§  9.  That  all  acts  or  parts  of  acts  coming  within  the  purview  of 
this  act  are  repealed;  and  this  act  shall  take  effect  from  its  pass- 
age. 

Approved  March  18,  1876. 


An  act  of  March  27,  1884,  appropriated  $20,000  for  the  erection  of 
a  separate  building  or  buildings  "to  be  used  for,  and  devoted  to,  the  sole 
and  exclusive  occupation  of  the  colored  blind  children  of  this  Common- 
wealth. "  The  secwid  section  of  that  act  is  as  folloics: 

The  blind  children  aforesaid,  when  such  buildings  shall  have 
been  erected,  shall  be  entitled  to  receive  on  equal  terms  due  pro- 
portion, according  to  numbers,  all  rights,  benefits  and  privileges 
secured  to  the  white  blind  children  of  this  Commonwealth  by  the 
act  establishing  the  Kentucky  Institution  for  the  Education  of  the 
Blind,  and  all  subsequent  enactments  in  relation  thereto;  Provided, 
however,  That  the  blind  children  of  both  races  shall  be  under  the 
same  general  management  and  under  one  and  the  same  superin- 
tendent, who,  with  all  other  officers  of  said  institution,  shall  be 
elected  by,  and  subject  in  all  respects  to,  the  supervision  and  con- 
trol of  the  board  of  trustees  of  said  institution,  as  heretofore  pro- 
vided by  law. 


XI.     THE  KENTUCKY  INSTITUTE  FOB  DEAF  MUTES. 

§  1.  The  Asylum  at  Danville,  endowed  and  established  by  an 
act  of  the  General  Assembly,  approved  December  7th,  1822,  is  con- 
tinued under  the  management  and  control  of  the  board  of  commis- 
sioners and  their  successors,  as  provided  by  an  act  of  the  General 
Assembly,  approved  January  7th,  1870,  and  the  same  is  declared  to 
be  a  body-politic  and  corporate,  by  the  name  and  style  of  "The  Asy- 
lum for  the  Tuition  of  the  Deaf  and  Dumb,"  and  as  such  shall  have 

i 

perpetual  succession,  with  power  to  make  all  contracts  necessary 
and  requisite  to  carry  out  the  objects  and  purposes  of  its  creation, 
and  the  efficient  management  of  its  business. 

§  2.  The  board  of  commissioners,  and  their  successors  in  office, 
are  hereby  authorized  and  empowered  to  receive  by  legacies,  con- 


THE  KENTUCKY  INSTITUTE  FOR  DEAF  MUTES.  129 

veyances,  or  otherwise,  lands,  money,  and  otner  property,  for  the 
benefit  of  the  Commonwealth,  in  aid  and  furtherance  of  the  objects 
of  said  institution,  and  the  same  to  retain,  use  and  apply  to  the 
education  of  the  deaf  and  dumb  of  this  Commonwealth,  to  any 
amount,  the  interest,  profits,  and  proceeds  of  which  shall  not  ex- 
ceed the  sum  of  one  hundred  thousand  dollars  per  annum. 

§  3.  All  the  funds  and  effects  of  said  asylum  shall  be  under  the 
management  and  control  of  said  board  of  commissioners  and  their 
successors  in  office,  as  trustees  of  the  Commonwealth,  in  aid  and 
furtherance  of  the  objects  of  said  institution,  subject  to  the  rules 
and  conditions  herein  specified;  and  as  such,  they  are  hereby  author- 
ized and  empowered  to  take  and  retain  possession  of  all  books, 
papers,  bonds,  stocks,  lands,  improvements,  and  effects  belonging 
to  said  asylum,  wherever  they  may  be  found,  or  in  whatever  they 
may  consist,  and  to  hold,  retain,  and  so  manage,  use,  and 
apply  the  same,  as  may  be  best  calculated,  in  their  judg- 
ment, to  build  up  and  sustain  said  asylum,  and  secure 
the  objects  for  which  it  was  established:  Provided,  however,  That 
said  board  of  commissioners,  and  their  successors  in  office,  shall 
be  governed,  in  every  instance,  by  such  restrictions  as  may  accom- 
pany any  grant  of  aid  by  the  Legislature :  And  provided  further,  That 
whenever  said  board,  or  their  successors  in  office,  shall  receive  from 
private  individuals  any  donation  or  contribution,  specifying  the  ob- 
ject for  which  said  donation  or  contribution  is  made,  the  same  shall 
be  set  apart  and  applied  to  the  purpose  so  specified  by  the  donor, 
and  to  no  other,  subject,  however,  by  the  control  of  the  Common- 
wealth over  said  institution,  its  officers  and  affairs. 

§  4.  The  board  of  commissioners,  and  their  successors  in  office, 
shall  keep  a  true  and  complete  record  of  all  their  proceedings  and 
acts  as  a  board,  and  cause  to  be  kept  by  their  secretary  and  treas- 
urer a  true  and  complete  record  of  all  moneys  received  and  paid 
out,  from  whence  derived,  and  for  what  expended,  of  bonds  re* 
ceivable  and  bonds  payable,  and  of  all  other  accounts  and  proceed- 
ings incident  to  the  management  of  said  asylum,  all  of  which  shall 
be  open,  and  at  any  time  subject  to  the  inspection  of  any  committee 
or  commissioner  appointed  by  the  Legislature  or  by  the  Governor, 
for  the  examination  of  the  same;  and  it  shall  be  the  duty  of  the 
board  of  commissioners  for  the  time  being  to  furnish  to  the 


130  THE  KENTUCKY  INSTITUTE  FOR  DEAF  MUTES. 

Governor  annually  a  statement  of  the  funds,  receipts,  expenses  and 
condition  of  the  institution,  and  of  the  number  of  persons  received 
and  educated  therein  during  the  year  immediately  preceding,  and 
the  parts  of  the  State  from  whence  they  came,  distinguishing  be^ 
tween  those  having  been  supported  gratuitously  and  others,  which 
shall  be  by  the  Governor  laid  before  the  General  Assembly  within 
the  first  week  of  every  session  held  by  it. 

§  5.  It  shall  be  the  duty  of  the  board  of  commissioners,  as  soon 
as  the  same  can  be  conveniently  done,  to  make  out  a  statement  of  the 
property,  funds  and  effects  of  the  institution,  of  what  nature  soever 
the  same  may  be,  with  an  expression  of  their  opinion  as  to  the  value 
of  each  specific  article  or  item  named  in  the  list,  as  also  a  statement 
of  the  annual  profits  derived  to  the  asylum  therefrom,  which  shall 
be  furnished  to  the  Governor  to  be  preserved.  Any  alteration  in  the 
character  or  species  of  property,  and  any  lessening  or  increase 
thereof,  shall  also  in  like  manner,  be,  from  time  to  time,  reported  to 
the  Governor. 

§6.  The  board  of  commissioners  shall  have  power  to  appoint 
a  superintendent  and  teachers  for  the  institution,  to  regulate  the 
term  of  service,  define  the  duties,  and  fix  the  salaries  thereof;  to 
appoint  a  president,  secretary,  treasurer,  and  such  other  officers  a» 
they  may  deem  necessary;  to  remove  any  of  the  aforesaid  employes 
or  officers  at  pleasure,  and  fill  their  places  with  others;  and  may 
make  such  by-laws  as  they  may  deem  proper,  not  in  conflict  with 
the  Constitution  or  laws  of  this  Commonwealth.  All  action  of  the 
board  of  commissioners  shall  be  subject  to  the  control  of  the  General 
Assembly. 

§  7.  Not  less  than  a  majority  of  the  board  shall  constitute  a 
quorum  for  the  transaction  of  any  business;  and  if  from  any  cause 
a  vacancy  shall  occur  in  the  board,  the  fact  shall  at  once  be  cer- 
tified to  the  Governor,  who  shall  appoint  some  suitable  person  to  fill 
the  same. 


SUPPLEMENTAL  ACTS. 

1.  The  annual  appropriation  for  said  asylum  being  inadequate 
for  keeping  the  premises  in  good  repair,  the  buildings  well  insured, 
and  the  mechanical  department  up  to  a  proper  and  useful  standard: 


THE  KENTUCKY  INSTITUTE  FOR  DEAF  MUTES.  131 

of  efficiency,  the  further  sum  of  ($1,000)  one  thousand  dollars  per 
annum  is  hereby  appropriated  for  these  purposes,  to  be  drawn 
quarterly  by  warrant  of  the  president  and  secretary  of  the  board 
of  commissioners  of  said  asylum,  as  has  been  provided  by  law  in 
respect  to  its  other  appropriations.  All  children  residing  in  this 
State  attending  said  institution  shall  be  received  and  taught  free  of 
tuition,  board,  and  use  of  books  and  other  instruments  and  ap- 
paratus used  in  teaching. 

Approved  March  6,  1882. 


2.  That  an  additional  appropriation  of  ($3,000)  three  thousand 
dollars  per  annum  is  hereby  made  for  the  support  of  said  institu- 
tion, the  same  to  be  drawn  quarterly  by  warrant  of  the  president 
and  secretary  of  its  board  of  commissioners  on  the  auditor,  to  be 
paid  out  of  the  State  treasury. 

Approved  April  28,  1884. 


3.  WHEREAS,  It  is  expedient,  as  well  as  just,  to  make  present  and 
adequate  provision  for  the  care  and  education  of  the  colored  deaf 
and  dumb  children  of  this  Commonwealth;  and  whereas,  the  co- 
education of  the  two  races  is  both  inexpedient  and  unadvisable; 
and  whereas,  wise  economy  and  due  efficiency  requires  that  the 
education  of  both*  races  should  be  under  the  same  management;  and 
whereas,  a  State  institution  is  already  located  at  Danville,  Ken- 
tucky, for  the  education  of  the  white  mutes;  therefore, 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  1.  That  an  institution  for  the  education  of  the  colored  deaf 
mutes  be  established  at  Danville,  Kentucky,  which  shall  be  under 
the  general  control  and  management  of  the  same  board  of  commis- 
sioners as  now  have  charge  of  the  institution  for  the  white  deaf 
mutes.  But  the  two  races  shall  be  forever  kept  entirely  separate 
and  distinct  from  each  other. 

§  2.  That  the  sum  of  five  thousand  dollars  be,  and  the  same  is 
hereby,  appropriated,  out  of  any  money  in  the  treasury  not  other- 
wise appropriated,  to  enlarge  and  prepare  the  buildings  now  owned 
by  the  State  at  Danville,  known  as  the  "Tompkins  property,"  for 
the  purpose  aforesaid,  separate  and  apart  from  the  premises  and 
buildings  now  occupied  by  the  institution  of  the  white  deaf  mutes. 


132  THE  KENTUCKY  INSTITUTE  FOR  DEAF  MUTES. 

§  3.  That  when  the  aforesaid  buildings  shall  have  been  prepared 
and  made  ready  for  the  reception  of  pupils,  then  the  colored  deaf 
and  dumb  shall  be  admitted  on  the  same  terms  as  are  now  applicable 
to  the  white  deaf  and  dumb,  and  shall  be  entitled  to  receive  the 
same  per  capita  for  support  as  is  now  provided  by  law  for  the  white 
pupils ;  and  the  further  annual  appropriation  of  twenty-five  hundred 
dollars,  or  as  much  thereof  as  may  be  necessary  for  the  purpose 
hereafter  named,  payable  quarterly,  is  hereby  made  for  the  purpose 
of  employing  officers  and  teachers,  and  defraying  the  incidental 
expenses  of  said  colored  department:  Provided,  however,  That  the 
deaf  and  dumb  children  of  both  races  shall  be  under  the  same  man- 
agement, and  under  one  and  the  same  superintendent,  who,  to> 
gether  with  all  other  officers  of  said  institution  for  colored  deaf 
mutes,  shall  be  elected  by  and  be  subject  in  all  respects  to  the  super- 
vision and  control  of  the  board  of  commissioners  of  the  institution 
for  the  whites  as  heretofore  provided  by  law:  Provided,  That  the 
present  officers  and  employes  of  said  asylum  shall  receive  no  ad- 
ditional pay  for  any  services  rendered  in  the  teaching  or  care  of  the 
colored  mutes. 

§  4.  This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  May  9,  1884. 


AN  ACT  for  the  benefit  of  the  Kentucky  Institute  for  Deaf  Mutes. 

Be  it  enacted  ~by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  1.  That  the  sum  of  nineteen  hundred  and  ninety-six  dol- 
lars and  twenty-five  cents  be,  and  the  same  is  hereby,  appropriated, 
out  of  any  money  in  the  State  Treasury  not  otherwise  appropriated, 
for  the  benefit  of  the  Kentucky  Institute  for  Deaf  Mutes,  to  be  ex- 
pended by  the  board  of  commissioners  of  said  institute  for  the  fol- 
lowing purposes,  viz.:  First.  To  pay  balance  due  on  building  recently 
erected  for  the  mechanical  department  of  said  institution  known  as 
the  shop  building,  three  hundred  dollars  and  thirty-nine  cents 
($300.39).  Second.  To  pay  balance  due  on  building  recently  erected 
for  laundry  purposes,  and  removal  of  machinery,  and  so  forth,  three 
hundred  and  twenty-six  dollars  and  ten  cents  (|326.10).  Third.  To 
pay  balance  due  on  corridors  connecting  the  main  building  of  said 
institution,  one  hundred  and  thirty  dollars  and  fifty-five  cents 


INSTITUTION  FOR  THE  FEEBLE-MINDED.  133 

($130.55).  Fourth.  To  pay  balance  expended  on  general  repairs, 
plumbing,  and  so  forth,  in  girls'  department,  three  hundred  and  fif- 
teen dollars  and  twenty  cents  (|315.20).  Fifth.  To  pay  balance  ex- 
pended on  school  building,  and  amount  necessary  to  complete  the 
same,  nine  hundred  and  thirty-four  dollars  and  one  cent  (|934.01). 
§  2.  This  act  shall  take  effect  from  and  after  its  passage. 

Approved  April  30,  1890. 


XII.       THE  INSTITUTION  FOB  THE  EDUCATION  AND  TBA1NIKG 
OF  FEEBLE-MINDED  CHILDREN. 

AN  ACT  to  re-establish  the  Institution  for  the  Education  and  Training  of  Feeble- 
minded Children. 

WHEREAS,  An  Institution  for  the  Education  and  Training  of 
Feeble-Minded  Children  was  established  by  an  act  approved  the 
llth  of  February,  1860;  and  whereas,  by  an  act  concerning  the 
various  charitable  institutions  in  this  Commonwealth,  said  insti- 
tution was  to  be  converted  into  a  lunatic  asylum,  to  be  known  and 
styled  the  Third  Kentucky  Lunatic  Asylum,  whenever  the  asylums 
for  lunatics  at  Lexington  and  Hopkinsville  were  filled;  therefore, 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  1.  That  the  Institution  for  the  Education  and  Training 
of  Feeble-Minded  Children  be,  and  the  same  is  hereby,  re-estab- 
lished under  the  corporate  name  and  title  of  "The  Commissioners 
of  the  Kentucky  Institution  for  the  Education  and  Training  of 
Feeble-Minded  Children." 

§  2.  The  commissioners  of  said  institution,  to  be  appointed  as 
hereafter  directed,  shall  be,  and  they  are  hereby,  constituted  a 
body-corporate,  with  all  the  usual  powers  of  a  corporation  neces- 
sary to  carry  out  the  objects  of  said  institution;  with  perpetual 
succession;  with  authority  to  purchase  and  hold,  or  to  rent  or  hire, 
or  to  receive  by  gift  or  bequest,  property,  real  or  personal,  for  the 
objects  of  said  institution;  with  capacity  of  contracting  and  of  being 
contracted  with;  of  suing  and  being  sued;  of  pleading  and  being  im- 
pleaded,  and  of  using  a  common  seal,  and  altering  the  same  at 
pleasure. 

§  3.  The  commissioners  of  said  institution  shall  be  nine  in  num- 
ber, to  be  appointed  by  the  Governor,  with  and  by  the  advice  and 
consent  of  the  Senate,  all  of  whom  to  reside  in  the  county  in  which 


134  INSTITUTION  FOR  THE    FEEBLE-MINDED. 

the  institution  is  located,  five  of  whom  shall  constitute  a  quorum. 
They  shall  be  divided  into  three  classes,  in  the  order  of  their  names 
as  appointed,  with  three  in  a  class,  and  one  class  shall  go  out  of 
office,  according  to  their  number,  every  two  years,  but  may  be  re- 
appointed.  They  shall  retain  their  office,  however,  until  their 
successors  are  appointed.  In  case  of  death  or  resignation  of  a 
member,  the  Governor  shall  have  power  to  supply  the  vacancy  to 
the  end  of  his  time. 

§  4.  That  all  the  funds  and  effects  of  said  institution  shall  be 
under  the  management  and  control  of  its  board  of  commissioners, 
and  their  successors  in  office,  as  trustees  for  the  State,  in  aid  and 
furtherance  of  the  objects  of  said  institution,  and  so  manage  and 
apply  the  same  as  may  be  best  calculated,  in  their  judgment,  to 
build  up  and  sustain  the  interest  of  said  institution. 

§  5.  That  said  board  of  commissioners,  and  their  successors  in 
office,  shall  keep  a  true  and  complete  record  of  all  their  proceed- 
ings and  acts  as  a  board,  and  cause  to  be  kept  by  their  secretary 
and  treasurer  a  true  and  complete  record  of  all  money  received  and 
disbursed,  from  whence  derived,  and  for  what  expended,  all  of 
which  shall  be  open,  at  any  time,  subject  to  the  inspection  of  any 
committee  or  commissioner  appointed  by  the  Legislature  for  the 
examination  of  the  same;  and  it  shall  be  the  duty  of  the  board  of 
commissioners  for  the  time  being  of  said  institution  to  present  to 
the  Governor  annually,  and  he  lay  before  the  General  Assembly 
within  the  first  week  of  the  session,  a  statement  of  the  funds,  re- 
ceipts and  expenditures  of  said  institution,  and  the  number  received 
and  cared  for  during  the  year  immediately  preceding,  and  the  coun- 
ties from  which  they  came. 

§  6.  That  the  board  of  commissioners,  and  their  successors  in 
office,  shall  have  power  to  appoint  one  of  their  number  to  act  as 
president  of  the  board,  and  shall  appoint  a  secretary  and  treasurer, 
neither  of  whom  shall  be  a  member  of  said  board,  and  all  other  in 
ferior  officers  or  employes,  not  otherwise  provided  for  in  this  act, 
os  they  may  deem  necessary  for  the  efficient  management  of  said  in- 
stitution, and  may  remove  any  of  them  at  pleasure,  and  fill  their 
places  with  others;  and  make  such  by-laws,  rules  and  regulations, 
as  they  may  deem  necessary  for  the  government  and  interest  of 
said  institution,  not  inconsistent  with  the  provisions  of  this  act, 


INSTITUTION  FOR  THE  FEEBLE-MINDED.  135 

nor  in  violation  of  the  Constitution  and  laws  of  the  State:  Pro- 
vided, That  all  such  action  shall  be  subject  to  the  control  of  the 
General  Assembly  of  this  Commonwealth. 

§  7.  That  it  shall  be  unlawful  for  the  board  of  commissioners, 
or  their  successors  in  office,  to  meet  and  transact  business,  unless 
a  majority  of  said  board  shall  be  present  and  concur  in  their  pro- 
ceedings; nor  shall  the  proceedings  be  binding  until  they  shall 
have  been  first  signed  by  the  president,  and  countersigned  by  the 
secretary. 

§  8.  That  each  commissioner,  and  every  other  officer  appointed 
by  the  Governor  under  this  act,  and  the  secretary  and  treasurer  of 
the  board,  shall,  before  entering  upon  the  duties  of  his  office,  take 
an  oath  before  some  notary  ..public,  or  other  officer  authorized  to 
administer  oaths,  that  he  will  faithfully  discharge  the  duties  of  His 
trust. 

§  9.  That  the  officers  of  said  institution  who  shall  be  appointed 
by  the  Governor,  by  and  with  the  consent  and  advice  of  the  Senate, 
shall  be  as  follows,  viz.:  A  medical  superintendent,  one  assistant 
physician,  and  a  steward,  all  of  whom  shall  live  in  or  near  said  in- 
stitution; and  that  the  superintendent  shall  receive  for  his  services 
the  sum  of  fifteen  hundred  dollars  per  annum,  the  assistant  physi- 
cian the  sum  of  eight  hundred  dollars  per  annum,  and  the  steward 
the  sum  of  seven  hundred  dollars  per  annum;  said  amount  to  be 
paid  out  of  the  appropriations  provided  for  in  this  act  to  meet  the 
annual  expenditures  of  said  institution. 

§  10.  That  the  treasurer,  before  he  receives  any  money  or  other 
means  belonging  to  said  institution,  shall  execute  a  bond  to  the 
Commonwealth,  in  such  sum  and  such  sureties  as  may  be  required 
and  approved  by  the  board  of  commissioners,  for  the  safe-keeping 
and  disbursement  of  all  money  and  other  means  placed  in  his  hands 
by  said  board,  its  agents  or  other  officers,  or  by  the  State.  He  shall 
not  appropriate  any  money  or  other  means  belonging  to  said  insti- 
tution in  his  hands  to  his  own  use,  or  lend  the  same  to  any  other  per- 
son for  any  purpose  whatever;  or  to  pay  out  or  disburse  any  of  said 
funds  for  any  claim,  in  whole  or  in  part,  whatever  against  said  in- 
stitution, except  upon  the  warrant  of  the  president,  countersigned 
by  the  secretary;  and  for  any  violation  of  this  provision  by  the  treas- 
nrer,  he  and  his  sureties  are  made  liable  on  his  official  bond  for  the 


136  INSTITUTION  FOR  THE  FEEBLE-MINDED. 

full  amount  of  the  sum  or  sums  thus  unlawfully  used,  loaned  or 
disbursed,  with  ten  per  cent,  damages,  recoverable  on  proper  proof 
shown  before  any  court  of  competent  jurisdiction  in  this  Common- 
wealth. 

§  11.  That  the  board  of  commissioners  shall  meet  at  least  once 

in  each  month  for  the  transaction  of  business,  and  oftener  if  the  in- 
terest of  the  institution  shall  require  it,  and  it  shall  be  unlawful  for 
the  president  to  issue  his  warrant  for  the  payment  of  claims  against 
said  institution,  until  the  same  shall  have  been  submitted  to  the 
board  of  commissioners,  and  approved  by  them,  and  directed  to  be 
paid  by  an  order  entered  upon  the  books  by  the  secretary,  signed  by 
the  president  and  counersigned  by  the  secretary;  and  whenever  the 
secretary  shall  issue  his  Warrant  on  the  treasurer  for  the  payment 
of  any  claim  thus  ordered,  he  shall  enter  on  a  book  kept  for  the 
purpose  the  number,  date,  and  amount  of  said  warrant,  and  the 
name  of  the  person  to  whom  issued. 

§  12.  It  shall  be  the  duty  of  the  steward  to  purchase  all  needed 
and  required  supplies  of  every  description;  said  supplies  to  be  pur- 
chased where  they  can  be  bought  the  cheapest,  and  regard  being 
had  in  all  cases  to  the  quality  as  well  as  the  price  of  articles 
purchased.  Said  supplies  shall  be  paid  for  by  the  appropriation 
made  by  the  State  to  meet  the  annual  expenditures  of  the  institu- 
tion, and  no  bill  for  supplies  purchased  shall  be  ordered  to  be  paid 
by  the  board  unless  the  seller  shall  make  out  a  detailed  statement 
of  articles  purchased  by  the  steward  or  his  order,  of  thQ  name  of 
each  article,  date  of  purchase,  and  the  price  paid;  and  the  claim 
being  approved  by  the  steward,  it  shall  be  the  duty  of  the  steward, 
whenever  the  president  of  the  board  shall  issue  his  warrant  on 
the  treasurer  for  the  payment  of  any  article  purchased  by  him,  to 
enter  in  a  book  kept  for  the  purpose  the  number,  date,  and  amount 
of  said  warrant,  and  the  name  of  the  person  to  whom  the  same  was 
issued.  He  shall  give  due  attention  to  the  cultivation  of  the  farm 
and  garden,  and  shall  be  held  responsible  for  the  products  of  the 
same,  and  the  proper  care  of  the  stock  belonging  to  the  institu- 
tion, and  shall  furnish, from  time  to  time,  such  products  of  the  farm 
or  garden  for  the  use  of  the  institution  as  may  be  required  by  the 
superintendent;  and  he  shall  keep  in  a  book  kept  for  the  purpose 
an  account  of  all  supplies  thus  furnished.  He  shall  furnish  a 
monthly  statement  to  the  board,  in  writing,  of  his  official  acts  to 


INSTITUTION  FOR  THE  FEEBLE-MINDED.  137 

date.  No  sale  of  any  of  the  stock  or  products  of  the  farm  or  garden 
shall  be  made  by  him  without  the  consent  of  the  board;  and  any 
funds  received  by  him  for  any  sale  thus  ordered  shall  be  immediate- 
ly paid  over  to  the  treasurer,  taking  his  receipt  for  the  same,  stating 
amount,  when  received,  and  the  name  of  the  article  sold. 

§  13.  The  secretary  and  treasurer  shall  make  a  separate  quar- 
terly statement  to  the  board  of  the  financial  condition  of  the  insti- 
tution, and  furnish  the  Governor  with  copies  of  the  same,  signed 
by  the  president  and  countersigned  by  the  secretary. 

§  14.  The  ages  of  children  received  into  the  institution  shall 
not  be  less  than  six  years  nor  more  than  eighteen,  and  may  be  re- 
moved at  any  time  by  order  of  the  board  and  superintendent  when- 
ever the  interest  of  the  institution,  in  their  judgment,  shall  require 
the  same  to  be  done;  and  whenever  such  removal  shall  be  ordered 
by  the  board  of  any  inmate,  said  inmate  shall  be  removed  by  the 
parent  or  guardian  sending  the  same  to  the  institution  without  cost 
to  the  State:  Provided,  The  parent  is  unable  to  pay  the  expense 
incurred  to  send  the  inmate  home,  or  the  guardian  has  no  means 
belonging  to  his  ward  which  he  can  lawfully  use  for  said  purpose, 
then,  in  that  case,  the  auditor  of  the  State,  upon  the  certificate  of 
the  superintendent,  shall  pay  the  expense  of  transportation  at  the 
rate  of  six  cents  per  mile,  reckoning  the  distance  by  the  usual  route 
of  travel  to  the  home  of  said  inmate;  but  no  traveling  expenses  shall 
be  paid  except  on  the  first  reception  and  final  discharge  of  the  child. 
Should  it  appear  to  the  board,  at  any  time,  that  any  inmate  now  in 
said  institution,  or  that  may  hereafter  be  received,  is  a  proper  sub- 
ject, under  the  law,  for  a  lunatic  asylum,  they  shall,  with  the  advice 
and  consent  of  the  superintendent,  and  the  approval  of  the  Gover- 
nor, order  him  or  her  to  be  sent  to  one  of  the  lunatic  asylums  of  the 
State,  and  the  expense  of  transportation  shall  be  paid  as  now  pro 
vided  for  by  law  for  transportation  of  lunatics. 

§  15.  There  shall  be,  as  is  hereby,  appropriated  for  the  support, 
including  board,  instruction,  etc.,  of  each  pupil,  the  sum  of  one  hun- 
dred and  fifty  dollars  ($150)  per  annum,  payable  quarterly,,  and  the 
sum  of  seven  thousand  five  hundred  dollars  per  annum,  payable 
quarterly  in  advance,  from  the  time  of  the  passage  of  this  act,  for 
the  general  support  of  the  institution,  payment  of  salaries,  purchase 
of  books,  maps,  stationery,  apparatus,  contingent  expenses,  etc. 


138  INSTITUTION  FOR  THE  FEEBLE-MINDED. 

It  shall  be  the  duty  of  the  superintendent  to  require  of  each  parent 
or  guardian,  sending  a  child  to  the*  institution,  to  pay  whatever 
sum  per  annum,  in  his  judgment,  after  an  inquiry,  he  or  she  may  be 
able  to  pay  toward  the  support  of  his  or  her  child  or  ward  in  the 
institution.  Bond,  with  approved  security  by  the  president  of  the 
board,  shall  be  required  in  all  such  cases  by  the  superintendent. 
From  the  indigent  nothing  shall  be  required;  and  whenever  any 
child  now  an  inmate  of  the  institution,  or  that  may  hereafter  be 
received,  shall,  in  the  judgment  of  the  board,  be  unimprovable, 
such  inmate  shall  be  removed  by  the  parent  or  guardian,  when 
the  board  shall  order  the  same  to  be  done,  by  the  advice  and 
consent  of  the  superintendent;  and  the  cost  of  removal  for  all  in- 
digent children  shall  be  paid  as  provided  in  this  act  for  the  trans- 
portation of  indigent  children  to  the  institution. 

§  16.  The  terms  of  all  officers  provided  for  in  this  act,  other  than 
the  commissioners,  shall  be  four  years. 

§  17.  It  is  distinctly  avowed  in  this  act  that  said  institution  is 
not  an  asylum  for  the  custodial  care  of  unimprovable  idiots,  but 
a  school  for  the  education  of  feeble-minded  children. 

§  18.  That  all  acts  or  parts  of  acts  in  conflict  with  the  provi- 
sions of  this  act  be,  and  the  same  are  hereby,  repealed. 

Approved  February  23,  1874. 


AN  ACT  to  amend  an  act,  entitled  "An  act  to  re-establish  the  Institution  for  the 
Education  and  Training  of  the  Feeble-minded  Children,"  approved  February  23, 
1874. 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  1.  That  an  act  entitled  "An  act  to  re-establish  the  Insti- 
tution for  the  Education  and  Training  of  Feeble-minded  Children," 
approved  February  23, 1874,  be,  and  is  hereby,  so  amended  that  the 
office  of  assistant  physician  is  abolished,  and  hereafter  the  medical 
superintendent  shall  discharge  the  duties  heretofore  performed  by 
said  assistant  physician. 

§  2.  That  no  commissioner  or  other  officer  shall  sell  anything  to 
the  institution,  nor  make  with  them  any  contracts  in  which  he  is 
directly  or  indirectly  interested. 

§3.  That  the  steward,  by  direction  of  the  medical  superintend- 
ent, shall  purchase  and  furnish  to  the  institution  all  needed  sup- 
plies of  every  description,  and  shall  consult  him  as  to  the  character, 


INSTITUTION  FOK  THE  FEEBLE-MINDED.  139 

quantity,  and  quality  of  all  such  supplies.  They  shall  be  bought 
where  they  can  be  bought  cheapest,  due  regard  being  paid  to  qual- 
ity as  well  as  price. 

§  4.  This  act  shall  take  effef  t  from  its  passage. 

Approved  April  29,  1880. 


AN  ACT  to  amend  an  act,  entitled  "An  act  to  establish  the  Institution  for  the 
Education  and  Training  of  Feeble-Minded  Children,"  approved  February  23, 
1874,  and  the  acts  amendatory  thereof. 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  1.  That  an  act,  entitled  "An  act  to  establish  the  Institu- 
tion for  the  Education  and  Training  of  Feeble-minded  Children," 
approved  February  23,  1874,"  and  the  acts  amendatory  thereof,  be 
so  amended  that  it  shall  be  the  duty  of  the  medical  superintendent 
of  the  institution  to  return  to  the  county  judges  of  the  counties 
from  which  they  were  sent,  and  now  confined  therein,  all  pupils 
whose  mental  condition  is  such  in  the  opinion  of  the  superintendent, 
that  further  attempts  to  educate  and  train  them  will  not  prove  ben- 
eficial to  the  State.  And  in  this  class  he  shall  include  all  idiots 
and  imbeciles,  and  all  pupils  whose  progress  is  unusually  slow  in 
learning  to  read  and  write,  nor  shall  he  hereafter  admit  such  per- 
sons into  said  institution.  He  shall  make  report,  under  oath,  to 
the  Auditor  of  Public  Accounts,  four  times  per  annum,  of  all  such 
pupils,  if,  from  any  cause,  there  remain  any  therein,  and  the  auditor 
shall  not  draw  his  warrant  on  the  treasurer  for  any  amount  on  ac- 
count of  such  pupils  after  the  date  of  such  report. 

§  2.  The  county  judges  shall  restore  such  persons  to  the  custody 
of  their  parents  and  friends;  if  none,  then  such  of  them  as  have 
no  estate  of  their  own  shall  be  provided  for  and  supported  at  the 
expense  of  the  State,  as  other  pauper  idiots,  in  their  respective 
counties. 

§  3.  This  act  shall  take  effect  from  its  passage. 

Approved  May  6,  1880. 

AN  ACT  to  provide  for  completion  and  furnishing  of  the  Kentucky  Institution  for 
the  Education  and  Training  of  Feeble-minded  Children. 

WHEREAS,  One  of  the  charitable  institutions  of  this  State,  known 
astheKentuckylnstitutionfortlieEducation  and  Training  of  Wcblr 


140  ASSESSMENT  OF  AND  PAYMENT  OF  TAXES  BY  RAILROADS. 

minded  Children,  at  Frankfort,  Kentucky,  was  unfortunately  de- 
stroyed by  fire  on  the  third  day  of  May,  one  thousand  eight  hun- 
dred and  eighty-nine;  and  the  commissioners  of  said  institution, 
under  the  authority  and  duty  vested  in  and  imposed  upon  them  by 
law,  have  caused  said  building  to  be  reconstructed,  and  in  so  doing, 
have  properly  expended. the  insurance  fund  collected  for  the  loss 
by  fire  (which  fund  amounted  in  all  to  twenty-seven  thousand  nine 
hundred  and  thirty-two  dollars  and  seventeen  cents) ;  and  whereas, 
the  completion  of  said  building  will  necessarily  require  the  sum  of 
nine  thousand  five  hundred  and  fifty-six  dollars  and  forty-seven 
cents,  in  addition  to  said  insurance  money,  and  the  necessary  fur- 
niture, heating. apparatus  and  gas  fixtures  will  require  the  further 
sum  of  ten  thousand  five  hundred  dollars;  therefore, 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  1.  That  the  sum  of  nine  thousand  five  hundred  and  fifty- 
six  dollars  and  forty-seven,  cents  be,  and  the  same  is  hereby,  appro- 
priated for  the  completion  of  the  building  of  the  Kentucky  Insti- 
tution for  the  Education  and  Training  of  Feeble-Minded  Chil- 
dren, and  the  further  sum  of  ten  thousand  five  hundred  dollars  is 
hereby  appropriated  for  the  necessary  furniture,  heating  apparatus 
and  gas  fixtures  in  said  institution;  and  the  Auditor  is  hereby  au- 
thorized and  directed  to  draw  his  warrant  on  the  treasurer  for  the 
above-named  sums,  payable  to  the  commissioners  of  the  said  insti- 
tution, from  time  to  time,  in  such  sums  as  may  be  required  by  them : 
Provided,  however,  That  they  shall  file  with  the  Auditor  an  itemized 
statement  showing  the  purpose  for  which  each  installment  drawn 
by  them  is  to  be  applied,  together  with  proper  vouchers  therefor. 

§  2.  This  act  to  take  effect  and  be  in  force  from  its  passage. 

Approved  February  21,  1890. 


XIII.  ASSESSMENT  OF  AND  PAYMENT  OF  TAXES  BY  RAILROADS. 
(Article  IV.  of  the  Revenue  Law  of  1892.) 

§  1.  That  the  president  or  chief  officer  of  each  railroad  company, 
or  other  corporation  owning  or  operating  a  railroad  lying  in  whole 
or  in  part  in  this  State,  shall,  on  or  before  the  first  of  September  in 
each  year,  return  to  the  Auditor  of  Public  Accounts  of  the  State, 
under  oath,  the  total  length  of  such  railroad,  including  the  length 
thereof  beyond  the  limits  of  the  State,  and  designating  its  length 


ASSESSMENT  OF  AND  PAYMENT  OF  TAXES  BY  RAILROADS.    141 

within  this  State,  and  in  each  county,  city,  incorporated  town  and 
taxing  district  therein,  together  with  the  average  value  per  mile 
thereof,  and  in  the  respective  counties,  cities,  incorporated  towns 
ani  taxing  districts  therein,  together  with  the  average  value  per 
mile  thereof,  for  the  purpose  of  being  operated  as  a  carrier  of 
freight  and  passengers,  including  engines  and  cars,  and  a  list  of 
the  depot  grounds  and  improvements,  and  other  real  estate  of  the 
said  company  and  the  value  thereof,  and  the  respective  counties, 
cities,  and  incorporated  towns  in  which  the  same  are  located.  That 
if  any  of  said  railroad  companies  owns  or  operates  a  railroad  or 
railroads  out  of  this  State,  the  president  or  chief  officer  of  such 
company  shall  only  be  required  to  return,  such  proportion  of  the 
entire  value  of  all  its  rolling  stock  as  the  number  of  miles  of  its 
railroad  in  this  State  bears  to  the  whole  number  of  miles  operated 
by  said  company  in  and  out  of  this  State.  Said  report  shall  be 
made  as  of  the  first  day  of  July,  and  a  failure  to  file  said  report  by 
the  first  day  of  September  shall  subject  the  president  or  chief  of- 
ficer residing  in  this  State  to  a  fine  of  one  thousand  dollars,  and 
fifty  dollars  for  every  day  after  the  first  day  of  September  that  he 
fails  to  file  said  report,  to  be  recovered  as  indicated  by  section  nine 
of  this  article. 

§  2.  Should  any  railroad,  or  part  of  a  line  of  railroad,  in  this 
State  be  in  the  hands  or  under  the  control  of  a  receiver  or  other 
person,  by  order  or  decree  of  any  court  in  this  or  any  other  State, 
it  shall  be  the  duty  of  such  receiver  or  other  person  to  make,  under 
his  oath,  the  returns  and  valuations  required  by  the  first  section  of 
this  article;  and  should  the  president  or  chief  officer  of  any  railroad 
company,  or  such  receiver,  fail  to  make  said  returns  and  valuations 
on  or  before  the  first  day  of  September  in  each  year,  the  said 
auditor  shall  proceed  and  ascertain  the  facts  and  values  required 
by  this  article  to  be  returned,  and  in  such  manner  and  by  such 
means  as  he  may  deem  best,  and  at  the  cost  of  the  company  failing 
to  make  the  returns  and  values. 

§  3.  The  Auditor  shall  lay  before  the  Railroad  Commission, 
on  or  before  the  first  day  of  October,  the  returns  made  to  him  under 
this  act,  and  any  schedules  and  valuations  he  may  have  made  un- 
der the  second  section  of  this  article;  and  should  the  valuations,  or 
any  of  them,  in  the  judgment  of  said  board,  be  either  too  high  or 


142  ASSESSMENT  OF  AND  PAYMENT  OF  TAXES  BY  KAILKOADS. 

too  low,  they  shall  correct  and  equalize  the  same  by  a  proper  in- 
crease or  decrease  thereof.  Said  board  shall  keep  a  record  of  their 
proceedings,  to  be  signed  by  each  member  present  at  any  meeting; 
and  the  said  board  is  hereby  authorized  to  examine  the  books  and 
property  of  any  railroad  company  to  ascertain  the  value  of  its 
property,  or  to  have  them  examined  by  any  suitable  disinterested 
person,  to  be  appointed  by  them  for  that  purpose. 

§  4.  It  shall  be  the  duty  of  the  county  superintendent  of  com- 
mon schools  in  each  county  in  which  a  railroad  is  operated  to  fur- 
nish, on  or  before  the  first  day  of  July  of  each  year,  to  such  railroad 
company  or  companies,  the  boundary  of  each  graded  or  common 
school  district  through  or  into  which  any  part  of  such  railroad  or 
other  railroad  property  is  situated;  and  the  county  clerk  of  any  coun- 
ty containing  any  other  taxing  district  through  or  into  which  any 
railroad  is  located  shall  make  a  similar  report  to  such  railroad  com- 
pany. Any  county  superintendent  or  county  clerk  failing  to  make 
tho  report  as  herein  required,  or  shall  make  a  false  report,  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
fined  not  less  than  fifty  nor  more  than  one  hundred  dollars  for  each 
offense. 

§  5.*  All  taxes  against  any  railroad  company,  which  shall  be 
levied  in  any  common  school  district,  shall  be  paid  to  the  superin- 
tendent of  common  schools  of  the  county  for  the  benefit  of  the  dis- 
trict entitled  thereto. 

§  6.  The  provisions  of  this  law  shall  not  be  construed  to  apply 
to  any  colored  school  district :  Provided,  That  the  same  rate  of  taxa- 
tion assessed  against  the  real  estate  of  any  railroad  company  or 
corporation  in  any  graded  common  school  district  or  common  school 
district,  in  any  year,  shall  be  assessed  against  all  of  the  taxable 
property  in  such  district,  and  the  railroad  tax,  when  collected, 
shall  be  paid  over  to  the  county  superintendent  of  the  county  in 
which  the  district  schoolhouse  wherein  the  tax  assessed  shall  be 
situated,  and  shall  constitute  and  be  held  by  the  county  superintend- 
ent as  a  graded  or  common  district  school  fund;  and  the  said  fund 
shall  be  apportioned  and  distributed  by  the  county  superintendent 
between  the  white  graded  common  school  or  white  common  school 
district  wherein  said  tax  shall  be  collected,  and  any  colored  com- 

*The  Attorney-General  holds  that  this  section  has  been  superseded  by  Section  79  of 
School  Laws,  approved  March,  1894. 


ASSESSMENT  OF  AND  PAYMENT  OF  TAXES  BY  KAILKOADS.  143 

mon  school  district  which  shall  be  located  over  the  same  boundary; 
the  distribution  shall  be  in  the  ratio  that  the  whole  number  of 
white  children  of  pupil  age  and  the  whole  number  of  colored  chil- 
dren of  pupil  age  residing  in  the  district  shall  bear  to  the  whole 
number  of  children,  white  and  colored,  residing  in  the  district 
wherein  such  tax  shall  be  collected. 

§  7.  The  same  rate  of  taxation  for  State  purposes  which  is  or 
may  be  in  any  year  levied  on  other  real  estate  shall  be,  and  is 
hereby,  levied  upon  the  value,  so  found  by  said  board,  of  the  rail- 
road, rolling  stock  and  real  estate  of  each  company;  and  the  same 
rate  of  taxation  for  the  purposes  of  each  city,  town,  county,  part  of 
county,  or  tax  district  of  any  kind,  in  which  any  portion  of  any  rail- 
road is  located,  which  is,  or  may  be,  in  any  year,  levied  on  other  real 
estate  therein,  shall  be,  and  is  hereby,  levied  on  the  value  of  the 
real  estate  of  said  company  therein,  and  of  the  number  of  miles  of 
such  road  therein,  reckoned  as  of  the  value  of  the  average  of  each 
mile  of  such  railroad,  with  its  rolling  stock,  as  ascertained  as  afore- 
said: Provided,  That  railroad  bridges  spanning  any  river,  which 
constitutes  the  boundary  or  State  line  of  the  Commonwealth,  shall 
be  assessed  as  of  the  counties  in  which  they  are  located,  and  local 
tax  derived  therefrom  shall  be  applied  to  each  city,  town,  county 
or  tax  district  in  which  said  bridges  are  or  may  be  located;  and 
immediately  after  the  said  board  shall  have  completed  its  valua- 
tions each  year,  the  Auditor  of  Public  Accounts  shall  notify  the 
clerk  of  each  county  court  of  the  amount  so  assessed  for  taxation 
in  his  county,  and  each  railroad  company  of  the  amount  of  its  assess- 
ment for  taxation  for  State  purposes  and  for  the  purposes  of  such 
city,  town,  county,  part  of  county  and  tax  district.  And  all  exist- 
ing laws  in  this  State  authorizing  the  assessment  and  taxation  of 
the  property  of  railroad  companies  by  counties,  cities  or  incorpor- 
ated towns,  are  hereby  repealed,  and  no  county,  city  or  incorporated 
town  in  this  State  shall  hereafter  assess,  levy  or  collect  any  taxes 
on  the  property  of  railroad  companies  in  this  State  except  as  pro- 
vided by  this  article. 

§  8.  All  taxes  assessed  against  any  railroad  company  shall  be 
due  and  payable  thirty  days  after  notice  by  mail  of  the  assess- 
ment as  given  by  the"  auditor,  and  every  such  company  failing  to 
pay  its  taxes  after  receiving  such  thirty  days'  notice  of  the  amount 
of  such  tax  shall  be  deemed  delinquent,  and  a  penalty  of  ten  per 


144  DIRECT  TAX  KETUKNED  TO  KENTUCKY  IN  1892. 

cent,  on  the  amount  of  the  tax  shall  attach,  and  thereafter  such  tax 
shall  bear  interest  at  the  rate  of  ten  per  cent,  per  annum.  Any 
railroad  company  failing  to  pay  its  taxes,  penalty  and  interest,  after 
becoming  delinquents,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  on  conviction,  shall  be  fined  fifty  dollars  for  each  day  the  same 
remains  unpaid,  to  be  recovered  by  indictment  or  civil  action,  of 
which  the  Franklin  Circuit  Court  shall  have  jurisdiction. 

§  9.  Taxes,  penalties  and  interest  due  the  Commonwealth  from 
any  railroad  company  may  be  recovered  by  the  Auditor  of  Public 
Accounts,  by  action  in  the  name  of  the  Commonwealth,  in  the  Frank- 
lin Circuit  Court;  and  those  due  any  county,  city,  incorporated  town 
or  taxing  district  may  be  recovered  by  the  officer  authorized  to  re- 
ceive the  same,  by  action  in  the  name  of  the  Commonwealth  in  any 
court  of  competent  jurisdiction. 


XIV.     DISPOSITION  OF  THE  DIRECT    TAX   RETURNED   TO  KEN- 
TUCKY IN  1892. 

AN  ACT  to  authorize  the  Commonwealth  of  Kentucky  to  borrow  and  use  certain 
money  belonging  to,  and  which  is  a.  part  of,  the  school  fund,  and  to  execute  bond 
for  the  same,  and  declaring  an  emergency. 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  1.  That  the  Governor  of  this  Commonwealth  is  hereby 
authorized  and  directed  to  execute  the  bond  of  the  Commonwealth 
of  Kentucky  to,  and  in  favor  of  the  State  Board  of  Education,  for 
the  sum  of  |606,641.03,  being  the  amount  of  Kentucky's  share  of 
the  "Direct  Tax"  returned  to  the  State  in  1892,  pursuant  to  act 
of  Congress,  bearing  interest  at  the  rate  of  six  per  cent,  per  annum 
from  date  until  paid,  said  interest  to  be  paid  semi-annually  on  the 
first  day  of  January  and  July  of  each  year;  and  said  bond  shall  be 
attested  by  the  Secretary  of  State,  and  then  delivered  to  said  Board 
of  Education  for  the  Commonwealth  of  Kentucky. 

§  2.  Upon  the  execution  and  delivery  of  said  bond  as  above  di- 
rected, the  auditor  and  treasurer  of  the  Commonwealth  of  Kentucky 
are  authorized  and  directed  to  transfer  the  above  named  sum  of 
money  from  the  school  fund  to  the  general  expenditure  fund  of  the 
Commonwealth  of  Kentucky. 

§  3.  There  now  being  a  deficit  in  the  treasury,  it  becomes  nec> 
essary  to  increase  the  rate  of  taxation  in  order  to  meet  the  current 


COUNTY  SEMINARY  PROPERTY.  145 

expenses  of  the  Commonwealth,  unless  said  money  is  borrowed  by 
the  State  from  the  school  fund  for  the  use  of  the  general  expendi- 
ture fund  of  this  Commonwealth;  and  for  these  reasons  an  emer- 
gency exists  and  is  declared,  and  this  act  shall  take  effect  upon  its 
approval  by  the  Governor. 

Approved  March  12,  1892 


XV.  COUNTY  SEMINARY  PROPERTY. 

An  act  amendatory  of  section  120  (see  page  62). 

AN  ACT  to  amend  an  act,  entitled  "An  act  to  provide  for  an  efficient  system  of 
common  schools  throughout  the  State,"  approved  July  6,  1893. 

Be  it  enacted  by  the  General  Assembly  of  the  Commomcealth  of  Ken- 
tucky: That  section  120,  article  10,  chapter  260,  of  the  Acts  of 
1891-'92-'93,  page  1413,  approved  July  6^  1893,  entitled  "An  act  to 
provide  for  an  efficient  system  of  common  schools  throughout  the 
State/'  be,  and  the  same  is  hereby,  amended  by  adding  after  the 
word  "property,"  in  second  line  of  section  120,  page  1471,  of  said 
Acts,  these  words:  "The  county  court  and  board  of  trustees  of  said 
seminary  consenting,"  so  that  said  section,  when  amended,  will  read 
as  follows:  "§  120.  The  title  to  all  common  school  and  all  county 
seminary  property,  the  county  court  and  the  board  of  trustees  of 
said  seminary  consenting,  in  the  limits  of  any  graded  common  school 
district  organized  under  the  provisions  of  this  law,  shall  be,  and  the 
same  is  hereby,  vested  in  the  board  of  trustees  of  said  graded  com- 
mon school  district,  and  they  are  hereby  empowered  to  sell  and 
convey  the  same,  or  to  use  the  same  for  graded  common  school  pur- 
poses, as  to  them  shall  seem  best;  but  when  county  seminary  prop- 
erty shall  be  appropriated,  all  pupils  of  the  county  shall  be  per- 
mitted to  attend  such  school  at  such  reduced  tuition  from  what  is 
ordinary  as  shall  be  equitable,  and  make  good  to  them  their  interest 
in  said  seminary  property.  It  is  further  provided,  that  when  any 
graded  school  district  shall  embrace  any  school  property  owned  or 
held  in  trust  by  trustees,  said  trustees,  by  a  majority  of  their  board, 
are  hereby  authorized  and  empowered  to  convey  their  school  prop- 
erty to  the  trustees  of  the  graded  school,  at  such  price  and  on  such 
conditions  as  may  be  agreed  upon  by  the  trustees  of  both  parties." 

Approved  February  24,  1894. 


146  HOUSES  OF  REFORM  FOR  BOYS  AND  GIRLS. 

XV— a. 

AN  ACT  to  authorize  Trustees  of  County  Seminary  property  and  School  property 
owned  or  held  in  trust  by  Trustees,  by  a  majority  of  their  Board,  to  dispose  of 
same  to  Trustees  of  Common  School  Districts,  embracing  same. 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  1.  That  the  trustees  of  any  county  seminary  property, 
by  a  majority  of  their  board,  the  county  court  consenting,  are 
hereby  authorized  and  empowered  to  sell,  transfer  and  convey  by 
deed,  the  title  in  and  to  said  seminary  property,  or  otherwise  dis- 
pose of  it  as  to  them  may  seem  best,  to  the  trustees  of  common 
school  districts  in  which  said  seminary  property  is  embraced,  on 
such  terms  and  conditions  as  may  be  agreed  upon  by  both  parties: 
Provided,  When  county  seminary  property  shall  be  donated 
or  appropriated  all  pupils  of  the  county  shall  be  permitted  to  at- 
tend such  school  at  reduced  tuition  from  what  is  ordinary,  as  shall 
be  equitable,  and  make  good  to  them  their  interest  in  said  seminary 
property. 

§  2.  When  any  common  school  district  embraces  any  school 
property  owned  or  held  in  trust  by  trustees,  said  trustees  are  here- 
by authorized  and  empowered,  by  a  majority  of  their  board,  to  sell, 
transfer  and  convey  the  title  in  and  to  said  property  to  the  trustees 
of  said  common  school  district  at  such  price  and  on  such  terms  as 
may  be  agreed  upon  by  both  parties. 

§  3.  Whereas,  there  are  many  common  school  districts  in  the 
different  counties  of  this  State,  embracing  county  seminary  prop- 
erty and  school  property  owned  or  held  in  trust  by  trustees,  the 
trustees  of  which  are  very  anxious  to  dispose  of  to  the  trustees  of 
common  school  districts,  therefore,  it  is  declared  that  an  emergency 
exists,  and  that  this  act  shall  go  into  effect  from  and  after  its  pass- 
age. 

Approved  March  17,  1896. 


XVI.     HOUSES  OF  REFORM  FOR  BOYS  AND  GIRLS. 

AN  ACT  to  establish  "Houses  of  Reform,  one  for  boys  and  one  for  girls,  and  to  pro- 
vide for  the  government  thereof  and  making  an  appropriation  therefor." 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky:  §  1.  That  there  shall  be  established  in  this  Commonwealth, 
immediately  after  the  taking  effect  of  this  act,  two  institutions, 
one  for  girls,  to  be  known  as  the  House  of  Reform  for  Girls,  and  one 


HOUSES  OF  REFORM  FOR  BOYS  AND  GIRLS.  147 

for  boys,  to  be  known  as  the  House  of  Keform  for  Boys,  and  that  the 
sum  of  one  hundred  thousand  dollars  (f  100,000)  be,  and  hereby  is, 
appropriated,  out  of  any  funds  in  the  State  treasury  not  otherwise 
appropriated,  for  the  purpose  of  purchasing  grounds  and  the  erec- 
tion and  furnishing  of  suitable  buildings  therefor. 

§  2.  The  general  supervision  and  government  of  said  institutions 
shall  be  vested  in  a  board  of  trustees;  consisting  of  six  persons,  three 
women  and  three  men.  The  said  trustees  shall  be  appointed  by  the 
Governor,  by  and  with  the  consent  of  the  Senate,  and  at  no  time 
shall  a  majority  of  said  trustees  be  members  of  the  same  political 
party,  or  of  the  same  religious  denomination.  They  shall  hold 
their  offices  for  the  term  of  six  years  and  until  their  successors  are 
appointed  and  qualified,  but  the  first  board  appointed  under  this  act 
shall  hold  their  offices,  two  of  them,  one  woman  and  one  man,  for 
two  years,  two  for  four  years  and  two  for  six  years,  and  until  their 
successors  are  appointed  and  qualified  as  aforesaid.  Whenever  a 
vacancy  occurs  in  said  board,  otherwise  than  by  the  expiration  of  a 
term  of  appointment,  such  vacancy  shall  be  filled  by  a  nomination 
from  the  board,  and  confirmed  by  the  Governor.  The  trustees  may 
be  re-appointed.  They  shall  receive  no  compensation  for  their  ser- 
vices, but  shall  be  allowed  all  expenses  incurred  by  them  in  the 
discharge  of  their  duties.  They  may  be  removed  at  any  time  by 
the  Governor  for  sufficient  cause.  Said  board  shall  meet  annually 
and  elect,  of  their  own  body,  a  president,  treasurer  and  secretary, 
to  hold  their  offices  for  one  year  and  until  their  successors  are 
elected  and  qualified.  The  treasurer  and  secretary  shall  give  such 
bond  as  the  Governor  may  direct  and  approve.  Said  board  shall 
make  an  annual  report  of  their  action  and  the  condition  of  the  In- 
stitutions to  the  Governor.  They  shall  appoint  such  subordinate 
officers  and  assistants  as  the  requirements  of  the  institutions  may 
demand,  and  shall,  subject  to  the  approval  of  the  Governor,  fix  their 
salaries  and  prescribe  their  duties.  They  shall,  with  like  approval, 
adopt  and  enforce  any  and  all  such  rules,  regnlations  and  by-laws, 
for  the  government  and  discipline  of  said  institutions  as  they  may 
deem  useful  and  proper. 

§  3.  The  trustees  shall  have  power  to  receive,  by  gift  or  purchase, 
suitable  building  sites  for  said  institutions,  to  consist  of  tracts  of 
land  of  not  less  than  one  hundred  acres  in  extent,  and  in  healthy  lo- 


148  HOUSES  OF  REFORM  FOR  BOYS  AND  GIRLS. 

cations  in  the  vicinity  of  some  city,  or  town,  but  not  less  than  three 
miles  from  the  corporate  limits  thereof;  to  erect  suitable  buildings 
thereon,  and  to  properly  equip,  appoint  and  furnish  the  same. 

§  4.  The  trustees  shall  be  a  corporation,  by  the  name  of  "The 
Board  of  Trustees  of  the  Houses  of  Reform,"  for  the  purpose  of 
taking  and  holding  unto  themselves  and  their  successors,  in  trust 
for  the  State,  any  grant  or  devise  of  land,  and  any  donation  or  be- 
quest of  money  or  other  personal  property,  made  for  the  use  of  said 
institutions,  and  for  the  purpose  of  preserving  and  investing  the 
proceeds  thereof  in  good  securities,  with  all  powers  incident  to,  *&nd 
necessary  to,  the  exercise  of  the  powers  aforesaid,  and  to  carry  out 
and  fulfill  the  purposes  of  this  act.  The  funds,  property  and  estate 
that  may  be  granted  to,  or  held  by,  such  corporation  for  the  uses 
hereinbefore  expressed,  shall,  with  the  income  thereof,  be  exempted 
from  taxation. 

§  5.  The  said  board,  having  selected  sites  as  aforesaid  for  the 
said  institutions,  shall  immediately  deposit  with  the  Secretary  of 
State  a  certificate  of  their  determination,  together  with  all  con- 
veyances of  land  granted  and  securities  for  moneys  or  material  do- 
nated. They  shall  also  prepare,  or  cause  to  be  prepared,  and  adopt 
plans  for  the  grounds,  buildings  and  fixtures  necessary  for  said  in- 
stitutions, of  such  form,  style,  dimension  and  finish  as,  when  com- 
pleted, shall  come  within  the  cost  and  limit  of  the  sum  hereinbefore 
appropriated.  The  trustees  shall,  in  the  preparation  and  adoption 
of  plans  for  the  necessary  buildings,  keep  in  view,  if  practicable, 
the  possible  future  enlargment  and  improvement  of  said  buildings, 
and  so  enlarge  the  plans  that  such  enlargement  can  be  made  with- 
out materially  affecting  their  symmetry  or  usefulness. 

§  6.  Said  board  of  trustees  shall  advertise  for  proposals  for  the 
erection  and  construction,  furnishing,  etc.,  of  said  buildings,  and 
fix  a  time  within  which  said  proposals  will  be  received,  and,  upon 
the  expiration  of  such  time,  they  may,  in  their  discretion,  and  with 
the  approval  of  the  Governor,  make  contracts  with  the  lowest  re- 
sponsible bidder,  taking  into  consideration  the  price,  time  of  per- 
formance and  responsibility  of  the  contractors.  Said  contract  or 
contracts,  when  made  and  properly  evidenced,  shall  be  deposited  in 
the  office  of  the  Secretary  of  State. 

§  7.  In  the  construction  of  the  buildings  herein  provided  for, 


HOUSES  OF  REFORM  FOR  BOYS  AND  GIRLS.  149 

and  in  the  arrangement  of  the  grounds,  all  cells,  bars  and  grates 
shall,  as  far  as  practicable,  be  omitted,  and  what  is  known  as  the 
"Cottage  Family  Plan"  shall  be  adopted,  as  it  commends  itself  by 
accomplished  facts  as  the  most  intelligent,  economical  and  success- 
ful system  in  use.  Each  of  these  family  houses  shall  be  occupied 
by  from  eighteen  to;  twenty-five  girls  or  boys,  with  tEeir  matron, 
teacher  and  housekeeper.  The  inmates  of  each  cottage  shall  be  as 
nearly  as  is  possible  of  the  same  character  as  regards  innocence  or 
culpability,  and  each  of  said  cottages,  in  their  general  arrangement 
and  discipline,  resemble,  as  nearly  as  possible  or  practicable,  a 
well  ordered  and  regulated  home. 

§  8.  The  object  of  these  institutions  shall  be,  not  merely  a  place 
of  detention,  but  the  reformation  of  those  who,  by  reason  of 
vicious  conduct  or  moral  depravity,  have  rendered  themselves  bur- 
densome to  their  relations  as  well  as  to  society,  and  who  may  be,  un- 
der the  provisions  of  this  act,  committed  to  these  said  institutions; 
and  it  shall  be  the  duty  of  each  and  every  officer  of  said  institutions 
to  see  that  all  rules  and  regulations  are  strictly  enforced  and  ob- 
served. Kindness,  firmness  and  competency  are  qualifications 
which  shall  be  required  of  all  officers  and  employes,  and  it  shall  be 
incumbent  on  them  to  see  that  a  kind  and  proper  tone  of  feeling  is 
observed  among  the  inmates,  and,  by  example  and  precept,  to  do 
everything  in  their  power  to  reclaim  and  improve  the  moral  char- 
acter of  the  boys  and  girls  under  their  care,  fitting  them  to  become 
good  citizens  and  useful  members  of  society. 

§  9.  It  shall  be  the  duty  of  the  board  of  trustees  to  meet  once 
every  three  months,  and  oftener  if  deemed  advisable.  They  shall 
adopt,  as  hereinbefore  said,  such  by-laws  or  system  of  government 
for  the  institutions  as  shall  be  regarded  by  them  as  most  effective 
for  the  preservation  of  order,  enforcing  discipline,  imparting  in- 
struction, and  for  the  proper  physical,  intellectual  and  moral  train- 
ing of  the  inmates.  They  may  also  adopt  such  by-laws  for  their 
own  organization  and  government  as  they  may  see  fit. 

§  10.  Each  institution  shall  be  visited  monthly  by  at  least  two 
of  the  trustees,  one  woman  and  one  man,  no  previous  notice  being 
given  to  the  officers  in  charge  of  said  institution  of  the  time  of  such 
visit.  Said  visitors  shall  thoroughly  examine  and  investigate  the 
workings  of  the  institution,  the  condition  of  same  and  all  the  de- 


150  HOUSES  OF  REFORM  FOE  BOYS  AND  GIRLS. 

partments  thereof  including  the  financial  management,  accounts, 
etc.  It  shall  also  be  the  duty  of  the  entire  board,  or  of  a  majority 
thereof,  to  visit  the  said  institutions  quarterly,  for  the  same  purpose, 
on  the  occasion  of  which  last  named  visits  there  shall  be  prepared 
a  detailed  statement  of  the  condition  in  every  respect  of  the  institu- 
tions, which  shall  be  placed  on  record  in  a  book  kept  for  that  pur- 
pose, and  which  record  shall  be  open  and  subject  to  the  inspection 
of  the  General  Asembly  or  of  any  committee  thereof  having  author- 
ity in  the  premises,  or  of  any  State  Inspector  of  charitable  or  other 
institutions. 

§  11.  The  board  of  trustees  shall  have  power,  and  it  shall  be  their 
duty  in  proper  cases,  to  bind  out  such  boys  and  girls  as  are  proper 
subjects  for  apprenticeship  to  responsible  and  reputable  persons, 
until  they  are  twenty-one  years  of  age,  to  learn  such  trades  or  em- 
ployments as  in  their  judgment  will  tend  to  his  or  her  future  bene- 
fit, stipulating  in  the  indentures  for  the  proper  and  needful  school- 
ing and  other  proper  terms,  and  from  time  to  time  ascertaining 
whether  the  obligations  of  the  master  or  mistress  are  fully  and 
rightfully  performed,  and  if  not,  applying  such  remedy  as  may  sug- 
gest itself  as  proper.  Scrupulous  regard  shall  always  be  had  to  the 
religious  or  moral  character  of  those  to  whom  boys  or  girls  may  be 
bound,  that  such  boy  or  girl  may  have  the  advantage  of  a  correct 
training  in  these  respects,  and  a  good  example  and  wholesome  in- 
struction. The  trustees  shall  retain  jurisdiction  over  such  boys 
or  girls  thus  bound  out,  and  in  proper  cases  order  their  return  to  the 
institution  from  which  they  were  bound  out.  And  no  discharge 
from  either  of  said  institutions,  unless  absolute,  shall  defeat  this 
jurisdiction  and  prevent  any  inmates  from  being  recalled  or  returned 
for  sufficient  reasons,  of  which  the  trustees  are  to  judge. 

§  12.  The  superintendent  and  other  officers  of  either  of  said  in- 
stitutions shall  have  power  to  arrest,  without  warrant,  anywhere 
in  the  State,  such  boys  or  girls  as  shall  escape  from  either  of  said 
institutions,  or  who  shall  leave  without  proper  discharge,  and  for 
that  purpose  may  have  and  receive  the  aid  of  all  peace  officers  of 
the  State,  upon  proper  identification,  and  may  and  shall  have  power 
to  cause  such  boys  or  girls  to  be  arrested  by  any  such  peace  officer, 
upon  identification  as  aforesaid,  and  to  carry  said  boy  or  girl  back 
to  the  institution  from  which  he  or  she  escaped. 


HOUSES  OF  REFOKM  FOR  BOYS  AND  GIRLS.  151 

§  13.  When  any  boy  or  girl  is  brought  before  any  circuit,  county 
or,  in  cities  of  the  first  or  second  class,  police  court,  being  under 
the  age  of  eighteen  years,  it  shall  be  lawful  for  such  court,  or  any 
of  them,  in  its  discretion,  to  commit  such  boy  or  girl  to  said  houses 
of  reform  for  any  period  of  time  not  exceeding  the  minority  of  such 
child,  in  the  following  cases: 

(1.)  Upon  complaint  of  parent  or  guardian,  supported  by  satis- 
factory evidence,  that  by  reason  of  incorrigible  and  vicious  conduct, 
such  boy  or  girl  is  not  subject  to  the  control  of  such  parent  or  guard- 
ian, or  that  he  or  she  habitually  disobeys  the  commands  of  such 
parent  or  guardian,  or  resorts  to  immoral  places  and  practices,  and 
refuses  to  attend  school  or  perform  labor  suitable  to  his  or  her  ca- 
pacity; and  that  by  reason  therepf  his  or  her  welfare  and  the  protec- 
tion of  society  demand  that  such  boy  or  girl  be  placed  under  such 
guardianship  as  said  institutions  afford. 

(2.)  Upon  complaint  made  by  any  peace  officer  or  citizen,  sup- 
ported by  satisfactory  evidence,  that  owing  to  the  above  reasons, 
and  the  further  reason  that  the  parent  or  guardian  of  such  infant 
is  of  such  immoral  character  and  depraved  habits  that  he  or  she  is 
incapable  or  unwilling  to  exercise  the  care  or  discipline  necessary, 
or  that,  owing  to  the  said  moral  depravity  of  the  parents  or  guar- 
dian of  such  infant,  he  has  no  suitable  home,  and  is  liable  to  be 
taught  to  lead  a  disreputable  and  immoral  life,  and  is  consequently 
a  proper  subject  for  the  said  commitment  and  guardianship. 

(3.)  Upon  conviction  in  any  of  the  said  courts  of  any  crime,  penal 
offense  or  violation  of  any  law  of  this  State,  or  ordinance  of  any  city, 
and  the  punishment  fixed  at  fifteen  days  or  more  imprisonment  in 
the  penitentiary,  county  or  city  jail. 

(4.)  When  any  boy  or  girl  under  the  age  of  eighteen,  as  afore- 
said, shall  be  arrested,  charged  with  the  commission  of  a  crime,  a 
conviction  of  which  would  subject  him  or  her  to  imprisonment,  the 
judge  of  any  of  the  aforesaid  courts,  before  which  he  or  she  is 
brought,  may,  at  any  stage  of  the  trial,  by  the  consent  and  at  the 
request  of  the  accused,  or  of  his  or  her  parent  or  guardian,  arrest 
the  progress  iOf  the  same  and  commit  the  accused  to  said  institu- 
tions. 

(5.)  When  the  grand  jury  of  any  county  are  satisfied  that  there 
is  sufficient  evidence  to  put  the  accused  on  trial  for  a  crime  or  mis- 


152  HOUSES  OF  REFORM  FOR  BOYS  AND  GIRLS. 

demeanor,  he  or  she  being,  as  before  stated,  under  the  age  of  eight- 
een years,  it  may,  instead  of  an  indictment,  return  to  the  court  a 
report,  in  writing,  recommending  such  infant  to  the  guardianship 
of  the  House  of  Reform;  and  thereupon,  if  the  court  be  satisfied 
from  the  evidence  adduced,  that  such  commitment  would  be  proper, 
it  may  order  such  boy  or  girl  to  be  committed  to  said  institution  for 
any  length  of  time,  not  exceeding  the  minority  of  said  child.  And  it 
shall  be  the  duty  of  the  judge  of  any  court  sentencing  a  boy  or  girl 
to  either  of  said  institutions  under  this  act  to  certify  to  the  superin- 
tendent thereof  the  age  of  the  person  so  committed,  as  nearly  as  it 
can  be  ascertained,  by  testimony  taken  under  oath  and  the  cause 
for  which  committed. 

§  14.  When  such  institutions  have  been  completed,  or  either  of 
them,  or  so  far  completed  as  to  admit  of  the  reception  of  inmates, 
it  shall  be  the  duty  of  the  Governor  to  make  that  fact  known  by 
his  proclamation,  whereupon  it  shall  be  lawful  for  the  board  of 
trustees  to  receive  into  said  institutions,  or  either  of  them,  such 
persons  as  may  be  committed  or  transferred  to  either  of  said  insti- 
tutions in  the  manner  or  by  any  proceeding  authorized  by  this  act. 

§  15.  Any  person  who  shall  entice,  or  attempt  to  entice,  away 
from  said  institutions  any  girl  or  boy  legally  committed  to  the 
same,  or  who  shall  knowingly  harbor  or  conceal,  or  aid  in  harboring 
or  concealing,  any  boy  or  girl  who  shall  have  escaped  from  said  in- 
stitutions, shall,  upon  conviction  of  either  of  such  offenses,  be  fined 
not  less  than  twenty-five  nor  more  than  one  hundred  dollars,  or 
imprisoned  not  exceeding  sixty  days,  or  both  so  fined  and  impris- 
oned. Any  sheriff,  policeman  or  constable  shall  have  power,  and  it 
is  hereby  made  their  duty,  to  arrest  any  boy  or  girl  known  by  them 
to  have  escaped  from  said  institution,  and  to  return  him  or  her 
thereto. 

§  16.  Equal  privileges  shall  be  granted  to  all  clergymen  in  good 
standing,  of  all  religious  denominations,  to  impart  religious  in- 
struction to  the  inmates  of  said  institution -belonging  to  their  re- 
spective denominations. 

§  17.  Any  boy  or  girl  under  the  age  of  eighteen  years,  who  shall 
be  committed  to  either  of  these  said  institutions,  shall  be  kept  dis- 
ciplined, instructed,  employed  and  governed  under  the  direction  of 
the  trustees  until  the  period  of  commitment  shall  have  expired, 


HOUSES  OF  KEFOKM  FOR  BOYS  AND  GIELS.  153 

or  is  bound  out  or  dismissed  as  reformed,  or  otherwise  honorably 
discharged  under  the  provisions  of  this  act.  The  discharge  of 
such  boy  or  girl,  except  upon  the  expiration  of  the  period  of  com- 
mitment, shall  not  operate  to  release  said  boy  or  girl  from  the  con- 
trol of  the  trustees,  and  they  may,  at  any  time  they  shall  deem  ad- 
visable, recall  such  boy  or  girl  without  a  second  commitment.  The 
trustees  may,  at  any  time,  discharge  any  boy  or  girl  in  the  custody 
of  said  institutions  upon  the  advice  or  with  the  consent  of  the  Gov- 
ernor, or  judge  of  the  court  committing  said  child. 

§  18.  The  inmates  of  said  institutions  shall,  in  addition  to  a  com- 
mon school  education,  receive  instruction  in  such  branches  of  in- 
dustry, agricultural,  mechanical,  domestic,  etc.,  as  the  board  may, 
from  time  to  time,  determinej  the  reformation  of  the  inmates  and 
preparation  for  future  self-support  being  kept  steadily  in  view  in 
the  administration  of  these  institutions ;  and,  as  conducive  to  these 
ends,  the  board  shall  introduce  and  carry  on  such  branches  of  in- 
dustry and  manual  training  as  are  adapted  to  the  age  and  capacity 
of  the  inmates.  As  far  as  practicable  agriculture,  including  hor- 
ticulture, poultry  raising,  dairying,  dressmaking,  tailoring,  system- 
atic teaching  of  all  domestic  industries,  and  skilled  cooking,  shall 
be  taught  and  practiced  by  the  boys  and  girls  in  such  thorough  and 
comprehensive  manner  as  to  make  these  institutions  model  schools 
for  these  particular  branches,  and  to  this  end  competent  persons 
shall  be  employed  as  instructors  in  these  branches.  The  inside 
and  outside  work  of  the  said  institutions  shall  be  performed  by  the 
inmates  thereof. 

§  19.  The  Governor  may,  upon  the  application  of  the  superin- 
tendent, or  of  the  board  of  trustees  of  said  Houses  of  Reform,  made 
in  writing,  or  when  it  is  otherwise  made  to  appear  to  him  that  such 
course  is  expedient,  cause  any  or  all  such  juvenile  offenders,  under 
eighteen  years  of  age,  as  are  confined  in  the  penitentiary,  to  be  re- 
moved, and  transferred  to  said  Houses  of  Reform,  the  expense  of 
such  removal  to  be  borne  by  the  State. 

§  20.  The  children  of  white  and  colored  races,  committed  to  said 
institutions,  shall  be  provided  with  separate  departments. 

Approved  March  21,  1896.     Takes  effect  June  15,  1896. 


154  HOW  TO  INCORPORATE  SCHOOLS  AND  COLLEGES. 


XVII.     HOW  TO  INCORPORATE  SCHOOLS  AND   COLLEGES. 

AN  ACT  to  provide  for  the  organization  of  Eleemosynary  and  Educat:onal  Institu- 
tions. 

Be  it  enacted  ly  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky: §  1.  Any  number  of  persons  may  associate  to  form  a  corpor- 
ation, society  or  association,  having  no  capital  stock,  for  religious, 
charitable,  educational,  or  any  other  lawful  purpose,  from  which  no 
private  pecuniary  profit  is  to  be  derived.  Such  persons  shall  sign 
articles  of  incorporation,  and  the  same  shall  be  filed  in  the  office  of 
the  Secretary  of  State,  and  recorded  in  the  county  clerk's  office  of 
the  county  where  the  principal  place  of  business  of  th£  incorporation 
is  located.  The  articles  shall  set  forth  the  name  of  the  proposed 
corporation,  society  or  association,  which  shall  not  be  the  name  of 
any  existing  corporation,  and  the  object  for  which  it  is  formed, 
and  such  other  facts  as  the  signers  of  the  articles  deem  proper  to 
mention. 

§  2.  When  the  articles  are  filed  and  recorded  as  provided,  and 
a  certificate  of  that  fact  is  issued  by  the  Secretary  of  State,  the 
signers  of  the  articles,  their  associates  and  successors,  shall  be  a 
body-corporate  and  politic,  and  by  the  name  selected  shall  have  the 
right  to  sue  and  be  sued,  contract  and  be  contracted  with,  have  and 
use  a  common  seal,  and  alter  the  same  at  pleasure;  and  to  receive 
and  hold  such  property,  real  and  personal,  whether  obtained  by 
purchase,  gift  or  devise,  as  may  be  necessary  to  carry  on  or  promote 
the  objects  of  the  corporation,  society,  or  association,  and  may  sell 
or  dispose  of  such  property  at  pleasure,  unless  the  property  has 
been  received  as  a  gift  or  devise  for  some  special  purpose,  and  if  so 
received,  it  shall  be  used  and  applied  only  for  such  purpose. 

§  3.  Corporations,  associations  or  societies  organized  under  this 
act  may  adopt  such  rules  for  their  government  and  operation,  not 
inconsistent  with  law,  as  the  directors,  .trustees  or  managers  deem 
proper,  but  shall  not  be  operated,  managed  or  used  for  private 
gain,  or  engage  in  any  plan  or  scheme  of  banking  or  insurance. 

§  4.  Existing  corporations,  associations  or  societies  heretofore 
incorporated  or  chartered,  and  not  operated,  managed  or  used  for 
private  profit,  and  such  as  may  become  organized  under  this  act, 
may,  by  the  consent  of  two-thirds  of  the  directors,  managers  or  trus- 


HOW  TO  INCORPORATE  SCHOOLS  AND  COLLEGES.  155 

tees,  amend  any  part  of  the  charter  or  articles  of  incorporation 
by  filing  and  recording  the  amendment  in  the  manner  herein  pro- 
vided for  filing  and  recording  original  articles. 

§  5.  Corporations,  associations  or  societies  organized  under  this 
act  shall  not  be  subject  to  any  of  the  laws  relating  to  corporations 
having  a  capital  stock,  or  organized  for  pecuniary  profit,  except  that 
requiring  an  agent  on  whom  process  may  be  executed,  but  shall  at 
all  times  be  subject  to  visitation  by  the  Legislature. 

§  6.  In  view  of  the  fact  that  one  or  more  of  the  existing  institu- 
tions affected, by  this  act  desire  to  reorganize  at  once  under  its  pro- 
visions, therefore,  an  emergency  exists,  and  this  act  shall  take  effect 
from  its  passage. 

Approved  March  22,  1892. 


APPKNDIX. 


Abstracts  of  Decisions  of  the  Court  of  Appeals  and  of  the 

Superior  Court  Bearing  on  the  Common  School 

Laws;  also  of  Attorney-General's  Opinions. 

1.  Power  of  State  to  Establish  Common  School  Systems. — The 
power  of  the  States  to  establish  and  maintain  systems  of  common 
schools,  to  raise  money  for  that  purpose  by  taxation,  and  to  govern, 
control   and   regulate  such   schools  when   established,   is   one   of 
"the  powers  not  delegated  to  the  United  States  by  the  Constitu- 
tuition,  nor  prohibited  by  it  to  the  States,"  and   consequently  it  is 
reserved  to  the  States  respectively,  or  to  their  people.     1874.     Mar- 
shall vs.  Donovan,  &c.,  10  Bush,  690. 

2.  "What  are  Common  Schools?" — The  school  fund  can  not  be 
applied  by  the  Legislature  to  any  schools  except  those  actually 
taught  by  teachers  qualified  according  to  law  to  teach  in  districts 
laid  out  by  authority  of  the  school  laws,  and  under  the  control  of 
trustees  elected  under  those  laws,  which  all  white  children  in  the 
district  within  a  specified  age  are  privileged  to  attend.     1874.     Col- 
lins vs.  Henderson,  &c.,  11  Bush,  74. 

Common-School  System  to  be  General. — The  common-school  sys- 
tem provided  for  by  the  Constitution  was  intended  to  be  general, 
governed  and  aided  in  all  parts  of  the  State  in  the  same  way,  and 
to  the  same  extent.  1878.  Auditor  vs.  Holland,  &c.,  14  Bush,  152. 

Constitutional  Law — Discrimination  Against  Negroes — Taxa- 
tion.— All  legislation  which  discriminates  against  any  particular 
race  or  class  of  persons  is  in  violation  of  the  Constitution  of  the 
United  States.  Therefore,  State  taxation  for  the  purposes  of  edu- 
cation should  be  provided  for  by  general  laws,  applicable  to  all 
classes  and  races  alike,  all  the  children  of  the  State  being  entitled 
to  an  equal  share  of  the  proceeds  of  the  "Common  School  Fund," 
and  of  all  State  taxation  for  the  purposes  of  education. 

An  act,  entitled  "An  act  to  establish  a  uniform  system  of  com- 


APPENDIX— ABSTRACTS  OF  DECISIONS,  ETC.  157 

mon  schools  for  the  colored  children  of  this  Commonwealth,"  ap- 
proved February  23,  1874,  is  unconstitutional,  because,  by  implica- 
tion, it  excludes  the  negro  children  of  the  State  from  any  share  of 
the  proceeds  of  the  "Common  School  Fund"  set  apart  by  the  Consti- 
tution, as  well  as  from  the  annual  tax  levied  on  the  property  of 
white  persons  for  school  purposes.  1884.  Dawson  vs.  Lee,  Lee  vs. 
Hill,  83  Kentucky  Reports,  49. 

5 — 1.  Particular  Appropriation  of  Common  School  Fund  was  ''in 
aid  of  Common  Schools" — An  act  of  the  Legislature  converting  a 
common  school  district  into  a  graded  free  school  district,  and  pro- 
viding for  the  payment  of  the  graded  free  school  of  the  pro  rata  of 
the  common  school  fund  going  to  that  common  school  district,  is  an 
appropriation  of  the  common  school  fund  "in  aid  of  common 
schools,"  and  is,  therefore,  not  in  violation  of  that  clause  of  the  Con- 
stitution which  provides  that  said  fund  shall  not  be  appropriated 
for  any  other  purpose. 

2.  Submission  of  Question  -whether  Graded  School  Should  be  Es 
taUished. — Under  such  an  act,  which  provided  that  the  trustees 
should  take  the  sense  of  the  voters  as  to  whether  the  proposed 
school  should  be  established,  the  submission  of  the  question  as  to 
whether  a  tax  should  be  levied   to  establish  and  support  a  graded 
school  was  a  substantial  compliance  with  the  statute. 

3.  Same — Power  of  Trustees  to  fix  Time  of  Election. — The  statute 
fixed  a  day  for  submitting  the  question  to  the  voters,  but  further 
provided  that  the  trustees  should  have  power  to  open  a  poll,  not 
oftener  than  once  a  year,  upon  the  question  of  establishing  the 
graded  school,  and  for  the  election  of  trustees,  until  the  same 
should  be  adopted.     Held — That  the  trustees  had  the  power  to  fix 
the  time  for  holding  any  election  after  the  first  one,  provided  they 
did  not  open  a  poll  oftener  than  once  a  year. 

4.  Curative  Statutes. — Any  mere  irregularities  in  the  election  un- 
der the  statute,  the  Legislature  had  the  power  to  cure  by  a  subse- 
quent statute  ratifying  the  election  and  the  acts  of  the  trustees 
thereunder. 

5.  Same. — A  curative  statute  is  valid  if  it  merely  dispenses  with 
that  which  might  have  been  dispensed  with  by  the  Legislature  at 
the  outset,  or  if  it  treats  as  immaterial  that  which  the  prior  law 
might  have  treated  as  immaterial.     1889.     Williamstown  Graded 
Free  School  District  vs.  Webb,  &c.,  89  Kentucky  Reports,  2G5. 


158  APPENDIX— ABSTRACTS  OF  DECISIONS,  ETC. 

6.  Normal  Schools. — No  appropriation  for  the  support  of  normal 
schools  san  be  constitutionally  made  out  of  the  school  fund.     1874. 
Collins  vs.  Henderson,  &c.,  11  Bush,  75. 

7.  Appropriation  not  in  aid  of  Common  Schools. — An  act  appropri- 
ating a  part  of  the  school  fund  for  the  purchase  of  Collin's  History 
of  Kentucky,  for  school  districts,  is  not  in  aid  of  common  schools, 
and,  therefore,  unconstitutional.     lo. 

8.  Taxation. — In  general,  taxation  must  be  equal  and  uniform, 
but  where  the  benefits  are  special  and  peculiar,  those  alone  who 
receive  the  benefits  may  be  made  to  pay  the  tax.     1874.     Marshall 
vs.  Donovan,  &c.,  10  Bush,  691. 

9.  Taxation — Irregularity  in  Election. — Where  a  tax  in  aid  of 
common  schools  has  been  imposed  pursuant  to  an  election  held  for 
that  purpose,  the  burden  is  on  the  tax-payer,  who  resists  the  col- 
lection of  the  tax,  to  show  that  it  is  void.     A  mere  irregularity  in 
conducting  the  election  will  not  authorize  the  chancellor  to  inter- 
pose.   1881.    Trustees,  &c.,  vs.  Garvey,  MS.  Opinion. 

10.  Definiteness. — A  tax  of  twenty-five  cents  on  the  hundred  dol- 
lars is  sufficiently  definite.     /&. 

11.  School  Tax — Notice  of  Vote. — It  is  not  necessary  that  a  notice 
of  the  time  and  object  of  a  vote  upon  a  school  tax  should  be  signed 
by  all  the  Trustees  of  the  District.     A  signing  by  the  Chairman  of 
the  Board  of  "Trustees"  is  a  signing  by  the  trustees  within  the 
meaning  of  the  statute.     1886.     Frederick  vs.  Kagland,  7  Ky.  Law 
Kep.,  743. 

12.  Collector  of  Tax. — The  Sheriff  is,  under  ordinary  circums- 
tances, the  proper  officer  to  collect  a  tax  voted  by  a  school  district. 
The  provision  of  the  statute  that  the  Board  of  Trustees  "may  ap- 
point a  Collector  of  Taxes,"  does  not  mean  that  they  shall  appoint 
a  Collector.    /&. 

13.  Common  Schools — Taxation. — An  act  of  the  Legislature  au- 
thorizing a  particular  district  to  vote  a  tax  in  aid  of  the  common 
school  fund,  in  order  that  the  school  may  be  taught  the  entire  year, 
or  the  higher  branches  of  education  brought  within  reach  of  all  the 
children,  is  not  in  violation  of  the  Constitution,  State  or  Federal. 
Nor  is  the  teaching  of  the  higher  branches  of  learning  in  violation 
of  the  common  school  law  of  the  State.     1887.     Newman  and  Others 
vs.  Thompson,  9  Ky.  Law  Rep.,  199. 

14.  Condemnation  of  Schoolhouse. — A  majority  of  the  qualified 


APPENDIX— ABSTKACTS  OF  DECISIONS,  ETC.  159 

voters  of  a  common  school  district  having  petitioned  the  school 
commissioner  to  condemn  the  schoolhouse  of  the  district  as  unfit 
to  be  occupied  for  the  purpose  of  a  common  school,  he  was  authorized 
by  statute  to  condemn  it,  and  the  trustees,  upon  being  notified  of  the 
condemnation  by  the  commissioner,  were  authorized  to  order  the 
collection  of  a  tax  for  the  erection  of  a  new  schoolhouse  without  sub- 
mitting the  question  to  the  qualified  voters  of  the  district.  1885. 
Bishop  vs.  Route,  7  Ky.  Law  Rep.,  962. 

15 — 1.  Selection  of  site  for  Schoolhouse  and  Levy  of  Tax. — If  the 
site  of  a  schoolhouse  is  not  located  by  the  trustees  of  a  common 
school  district,  as  the  law  directs,  a  majority  of  the  electors  may  ap- 
peal to  the  county  superintendent,  whose  .decision  is  final;  and  a* 
less  than  a  majority  of  the  eleetors  can  not  even  appeal,  it  is  quite 
clear  that  they  can  not,  on  the  ground  that  the  site  is  not  where  it 
should  be,  enjoin  a  tax  levied  by  the  trustees. 

2.  Two  Trustees  are  a  quorum,  and  their  act  is  the  act  of  the  Board. 
^Therefore,  where  three  trustees  signed  an  order  of  levy,  the  fact 
that  one  of  them  did  so  under  a  mistake  of  law  does  not  invalidate 
the  order. 

3.  Conditions  Precedent  to  right  to  order  Levy. — Selection  of  a  site 
for  a  schoolhouse  and  obtaining  a  title  are  not  conditions  precedent 
to  the  rights  to  order  a  levy.     1889.     Stiles,  &c.,  vs.  Beall.  &c.,  11 
Ky.  Law  Rep.,  486. 

16 — 1.  Selection  of  Site  for  Schoolhouse — Powers  of  County  Super- 
intendent.— The  county  superintendent  of  schools,  in  hearing  an  ap- 
peal from  the  decision  of  the  trustees  of  a  school  district  in  the  se- 
lection of  a  site  for  a  schoolhouse,  acts  in  a  judicial  capacity,  and, 
like  other  judicial  officers,  may  reconsider  his  judgment  if  it  is 
made  manifest  to  him  that  it  is  erroneous,  provided  it  is  done 
within  a  reasonable  time,  and  before  rights  have  been  acquired  un- 
der his  previous  decision. 

2.  Same. — The  decision  of  the  county  superintendent  is  con- 
clusive, and  can  not  be  disturbed  by  court  except  upon  the  ground 
that  he  was  influenced  by  improper  motives.  1890.  Brinsore  vs. 
Cottenham,  &c.,  Ky.  Law  Rep.,  720. 

17.  Collection  of  Tax  to  Build  a  School-house,  etc. — 1.  Under  the 
present  school  law  the  trustees  of  a  common  school  district  may 
order  the  collection  of  a  tax  to  build  or  repair  a  school-house  with- 


160  APPENDIX— ABSTRACTS  OF  DECISIONS,  ETC. 

out  submitting  the  question  to  the  voters  of  the  district,  but  it  is  a 
condition  precedent  of  the  right  to  order  the  tax  that  is  necessary 
to  build  a  school-house,  or  that  the  county  superintendent  has  con- 
demned the  school-house,  and  that  it  needs  repairing. 

2.  The  Legislature  has  the  constitutional  power  to  authorize  the 
trustees  of  a  school  district  to  order  the  collection  of  a  tax,  not  to 
exceed  a  certain  sum,  without  submitting  the  question  to  a  popular 
vote.  While  the  Legislature  must  always  prescribe  the  rule  under 
which  the  taxation  is  imposed,  and  can  not  refer  this  power  to  an- 
other body,  yet  having  prescribed  the  rule  it  need  not  fix  the  ex- 
act sum  to  be  raised  or  the  particulars  of  the  expenditure.  1889. 
Macklin,  &c.,  vs.  Trustees  Common  School  District  No.  9,  of  Frank- 
lin County;  88  Ky.  Reports,  597. 

18.  Towns  and  Cities — Fines  and  Forfeitures — Common  Schools. — 
Under  an  amendment  of  January  12, 1860,  to  the  charter  of  the  town 
of  Harrodsburg,  providing  that  the  fines  and  forfeitures  recovered  in 
the  name  of  the  Commonwealth   in  the  police  court  of   the  town 
should  be  vested  in  the  board  of  trustees  for  the  use  of  the  common 
schools  in  the  town,  the  town  and  not  the  common  schools  was  en- 
titled to  all  fines  or  forfeitures  arising  from  a  violation  of  town  ordi- 
nances, whether  imposed  in  the  name  of  the  Commonwealth  or  in 
the  name  of  the  town.     1887.     Board  of  Trustees  of  the  town  of 
Harrodsburg   vs.  Harrodsburg   Educational    District,  9    Ky.  Law 
Rep.,  605. 

19.  School    Commissioner. — Mandamus    is    the    proper    remedy 
against  the  county  judge   for  refusing  to  permit    school    commis- 
sioner to  qualify.     1883.     Greenup  County  Court,  &c.,  vs.  Clifton 
5  Kentucky  Law  Rep.,  241. 

20.  Sureties  of  Commissioner. — The  sureties  of  a  Commissioner 
are  not  responsible  for  money  drawn  from  the  treasury  by  him  un- 
less it  is  drawn  according  to  law.     1872.     Hammond  vs.  Crawford, 
&c.,  9  Bush,  77. 

21.  Trustees — Employment   of   Teachers— School   trustees    have 
the  right  to  act  until  their  successors  are  chosen  and  qualified.  One 
of  two  trustees  elected  in  room  of  two  whose  term  had  expired, 
declined  to  qualify;  the  other  qualified,  but  tine  commissioner  fail- 
ing to  receive  the  evidence  of  his  qualification,  appointed  two  others 
in    their    stead.     Held— That    a    teacher    employed    by    two    of 


APPENDIX— ABSTRACTS  OF  DECISIONS,  ETC.  161 

the  former  Trustees,  and  the  newly  elected  Trustee  who  had  been 
qualified,  was  entitled  to  the  school  money,  and  not  a  teacher  em- 
ployed by  the  Trustees  appointed  by  the  Commissioner,  and  there 
being  an  old  school-house  and  a  new,  it  is  immaterial  that  the 
former  taught  in  the  old  house  and  the  latter  in  the  new.  1884. 
Cravens  vs.  Purns,  by,  &c.,  5  Ky.  Law  Rep.,  602. 

22.  Suit  ~by  Trustees. — The  Trustees  of  a  school  district  as  such, 
may  maintain  an  action  for  the  recovery  of  school  property,  but  it 
is  proper  that  they  should  give  their  names.     1884.     Lewis  vs.  Trus 
tees,  &c.,  5  Ky.  Law  Rep.,  767. 

23.  School  Property. — Trustees  of  a  school  district  can  not  main- 
tain an  action  to  recover  a  piece  of  ground  given  to  build  a  school- 
house  upon  for  the  benefit  of  J;he  neighborhood,  a  building  having 
been  erected   by  the  neighbors   and  used   as  a  school-house.     The 
patrons  of  the  school,  or  one,  for  all,  must  sue.     76. 

24.  Payment  of  Teachers. — The  collection  of  the  amount  neces- 
sary to  be  raised,  in  addition  to  the  public  funds  for  the  payment  of 
teachers,  must  be  provided  for  by  the  Trustees  by  contribution  from 
the  patrons  or  otherwise ;  and  if  the  Trustees  fall  to  make  this  pro- 
vision, they  are  personally  liable  to  the  teacher  for  the  amount  they 
had  agreed  to  pay  him.     The  teacher   should   have  nothing  to  do 
with  the  raising  this  fund.     1867.     Ferguson  vs.  True,  &c.,  3  Bush, 
257. 

25.  Trustee  Compelled  to  make  Report. — The  teacher  of  a  district 
school  may  by  mandamus  compel  the  Trustee  to  make  to  the  Com- 
missioner  the  report  necessary  to  enable   the  teacher   to  get  his 
wages  from  the  State.     The  fact  that  the  Trustee  may  be  indicted 
for  a  failure  to  report,  and  is  liable  in  damages  to  any  one  injured 
by  the  failure,  does  not  exclude  the  remedy  by  mandamus.     1885. 
Jones,  &c.,  vs.  Strange,  MS.  Opinion. 

26.  Evidence  of  Teacher's  Employment. — When  a  school  has  been 
taught  as  a  free  school  by  a  person  claiming  to  have  been  properly 
employed,  actually  attended  by  nearly  all  of  the  children  in  the  dis- 
trict, visited  and  recognized  as  the  common  school  by  one  Trustee 
without  any  active  opposition  from  another,  the  evidence  adduced 
to  prove  the  employment  should  not  be  subjected  to  the  most  rigid 
and  exhaustive  analysis.     Ib. 

27.  Attachments    of    Teacher's    Salary.— Money  due    a  common 

11 


162  APPENDIX,  ABSTKACTS  OF  DECISIONS,  ETC. 

school  teacher  can  not  be  attached  in  hands  of  Commissioner.  1871. 
Tracy,  &c.,  vs.  Hornbuckle,  &c.,  8  Bush,  336.  1879.  Allen,  &c.,  vs. 
Russell,  &c.,  78  Ky.  116. 

28.  Suit  Against  Trustees. — In  a  suit  by  a  teacher  against  Trus- 
tees alleging  a  contract  with  all,  no  recovery  can  be  had  upon  proof 
of  a  contract  made  with  part  only.     1885.     Houngan,  &c.,  vs.  Phil- 
lips, 7  Ky.  Law  Kep.,  150. 

29.  Poicer  of  Legislature  over  School  Fund. — The  General  Assem- 
bly has  no  power  to  devote  any  portion  of  the  school  fund  to  the 
payment  of  teachers  not  acting  under  the  control  or  supervision  of 
the  officers  of  the  common  schools.     1872.     Halbert  vs.  Sparks,  9 
Bush,  262. 

30.  'The  Legislature  can  make  a -school  district,  and  impose  a  tax 
for  school  purposes,  without  submitting  the  question  to  a  vote  of  the 
people  thereof.     Fitzpatrick  vs.  Board  of  Trustees  of  Mt.  Sterling 
Public  School  District,  87  Ky.  Reports,  132. 

31.  Graded   Schools. — Under  the  law,  approved   May  4,  1888,  a 
majority  of  white  voters  in  any  district  must  vote  for  the  tax  to 
make  it  lawful.     A  majority  of  those  voting  is  not  sufficient.     (The 
law  is  different  since  July  6,  1893,  and  requires  only  a  majority  of 
those  voting.)    Kate  Riggs  vs.  Stephens,  Co.  Supt.;  and  Garvey  vs. 
Dulaney,  Ky.  Appellate  Court,  Dec.  17,  1891. 

32.  Taxation. — Trustees  must  make  a  record  of  all  taxes  levied 
when  the  levy  is  ordered,  and  make  a  record  of  every  step  taken. 
Davidson  vs.  Sterrett,  Superior  Court,  March,  1892. 

33.  The  Legislature  can  not  Divert  State  Fund  from  a  Common 
School. — A  private  academy  was  authorized   to  admit  such  pupils 
from  the  common  school  district  as  would  pay  tuition,  and  then  col- 
lect the  pro  rata  of  these  pupils  from  State  school  fund;  and  also  to- 
exempt  such  persons  as  patronized  the  academy  from  district  tax- 
ation.    Held — That  the  act  was  unconstitutional  and  void.     Under- 
wood vs.  Wood,  Co.  Supt.,  Ky.  Appellate  Court,  May  5,  1892. 

34.  District  Taxation. — The  trustees  of  a  school  district  need  not 
see  the  order  of   county  superintendent  in  which   he  condemns  the 
house  of  their  district.     It  is  sufficient  that  county  superintendent 
notifies  them  as  a  condition  warranting  the  levy  of  a  tax  to  build  a 
suitable  house.     The  order  of    condemnation    need    not  even  be 
entered  on  his  record  before  the  levy  of  the  tax  is  made;  it  is  suffici- 
ent if  done  later.     The  county  superintendent  is  the  judge  as  to  the 


APPENDIX— ABSTRACTS  OF  DECISIONS,  ETC.  163 

need  of  a  house  or  furniture,  and  Trustees  must  act  on  notice  from 
him.  Trustees  of  District  No.  1,  Barren  County  vs.  Jamison,  Ky. 
Appellate  Court,  January  17,  1891. 

35.  District  Taxation. — 1.  No  other  assessment  than  that  made 
by  the  county  assessor  is  needed  in  order  to  levy  a  district  tax. 

2.  The  selection  of  a  site  for  the  house,  and  securing  a  fee  simple 
title  are  not  conditions  precedent  to  the  levy  of  a  tax,  and  house 
may  be  built  on  leased  land  if  Trustees  so  elect,  as  for  the  best  in- 
terests of  the  district. 

3.  The  tax  not  being  beyond  that  authorized  by  law,  the  alle- 
gation that  it  would  produce  $170,  and  that  only  f  80  was  needed  to 
make  the  repairs,  is  not  sufficient  to  justify  the  injunction.     There 
being  a  difference  of  opinion  as  to  the  cost  of  repairs,  the  opinion  of 
the    trustees  must  control.     Cromwell   vs.  Trustees   Dis.  No.   44, 
Franklin  county,  Superior  Court,  June  8,  1892. 

36.  Record  Necessary  to  Determine   the  District  in  which  a  Tax- 
payer Belongs. — A  tax  was  voted  in  September,  1882;  Mr.  Bell  had 
acted  as  Trustee  of  the  district  in  1873;  had  sent  his  child  to  school 
there  as  late  as  1878;  had,  before  1873,  asked  the  County  Superin- 
tendent to  transfer  him  to  said  district,  and  he  thought  he  had  been 
so  transferred,  but  the  County  Superintendent  had  never  entered 
the  change  of  boundary  on  his  record.  When  the  tax  was  voted, Bell 
claimed  not  to  be  in  the  district,  and  refused  to  pay  the  tax.     Held — • 
That  he  never  was  in  the  district,  and  should  not  pay  the  tax.     Ab- 
ney  vs.  Bell,  Fleming  County,  Superior  Court,  Dec.  16,  1885. 

37.  District   Taxation — Residence   of  Minor — Owner  of  Personal 
Property  Sought  to  be  Taxed. — 1.  The  form  of  the  order  in  Trustees' 
Record  and  the  form  of  the  election  notice  need  not  be  precisely 
identical.     It  is  sufficient  that  they  be  the  same  in  substance. 

2.  The  statute  does  not,  in  a  case  where  an  election  is  held  to 
vote  a  tax,  and  same  has  been  voted,  require  the  Trustees  thereafter 
to  make  and  enter  in  their  records  a  formal  order  levying  the  tax 
voted.     It  is  sufficient  that  they  make  an  order  appointing  a  collec- 
tor of  the  voted  tax.     The  value  of  the  property  in  the  district,  as 
assessed  by  the  County  Assessor,  is  to  be  used  for  taxation  by  the 
district. 

3.  Part  of  the  property  taxed  was  a  house  and  lot  in  Princeton, 
Ky.,  and  in  the  district  where  tax  was  levied;  but  the  greater  part 


164  APPENDIX— ABSTRACTS  OF  DECISIONS,  ETC. 

was  stock,  bonds  and  notes  belonging  to  minors  and  in  the  hands  of 
a  guardian  in  Louisville,  Kentucky.  The  parents  of  minors  had 
lived  in  Princeton,  but  removed  to  Texas,  and  thence  to  Tennessee, 
where  they  died,  leaving  three  children.  These  children  went  to 
Princeton,  where  their  grand  parents  lived.  One  had  been  sent  to 
school  at  Staunton,  Virginia,  and  had  spent  two  vacations  at  Prince- 
ton and  one  in  Texas,  where  she  was  engaged  to  be  married;  the 
other  two  had  remained  at  Princeton,  and  their  property  had  been 
taxed  for  State  and  county  purposes  in  Princeton.  Held — That  all 
three  were  citizens  of  Princeton  district,  and  all  their  property  sub- 
ject to  taxation  for  school  purposes.  Glover's  Guardian  vs.  Prince- 
ton School  District,  Superior  Court,  September,  1892. 

38.  District  Taxation  to  enlarge  School-house. — When  it  is  ascer- 
tained that  a  school-house  is  too  small  to  accommodate  the  children 
of  the  district,  the  County  Superintendent  can  require  an  addition 
to  be  made  to  it.     No  specific  course  is  required  to  be  followed  by 
the  Superintendent.  His  having  notified  the  trustees  that  the  house 
was  insufficient  to  accommodate  the  children,  and  that  they  should 
make  suitable  provision  for  their  accommodation,  was  held   to  be 
sufficient.     Katcliff,  &c.,  vs.  Dist.  No.  1,  Caldwell  County,  Superior 
Court,  September,  1892. 

39.  District  Taxation  Under  Special  Act  of  Legislature. — A  tax  of 
75  cents  on  each  $  100  of  property  value,  and  f  5  on  each  poll  to  erect 
buildings  and  maintain  a  ten  months'  school  in  the  Eobards  District 
having  been  voted  by  the  whites,  and  a  collector  appointed,  ten 
tax-payers  proceeded  to  enjoin  the  trustees  and  collector  from  col- 
lecting tax.     Held — 1.  The  act  does  not  apply  to  negroes  or  their 
property,  but  the  whites  can  not  complain  on  this  account.     2.  The 
notices  having  been  posted  for  the  time  required,  and  having  set  out 
the  object  of  the  vote  substantially,  they  were  sufficient.     3.  Since 
the   statute   authorized   a   tax,    not   exceeding   seventy-five    cents 
to  each  $100,  and  a  poll  tax  not  exceeding  $5  to  each  poll;  after; 
the  tax  was  voted,  there  was  need  of  an  order  by  the  trustees,  desig- 
nating the  amount  of  tax  to  be  collected.     They  made  this,  but  did 
not  enter  it  of  record,  claiming  that  they  complied  with  this  by  en- 
tering same  on  the  collector's  book,  or  by  adopting  the  entry  in  the 
collector's  book,  and  swearing  him  to  collect  the  tax  as  entered  in 
that  book. 


APPENDIX— ABSTRACTS  OF  DECISIONS,  ETC.  165 

4.  The  Eobards  District  was  made  up  of  Nos.  33  and  34,  and  on 
tin*  day  of  the  election  the  County  Superintendent  of  Henderson 
county  carved  out  of  it  District  No.  75,  and  no  person  in  his  new  dis- 
trict voted  on  the  question  of  taxation.  Held — That  this  did  not  in- 
validate the  election  to  have  the  tax  in  the  Robards  District,  and  that, 
therefore,  the  tax  must  be  paid.  The  injunction  was  dissolved. 
Eakin  et  al,  tax-payers,  vs.  Eakin,  Trustee,  et  al,  Ky.  Appellate 
Court,  October,  1892. 

40.  Late  Decision  on  an  Old  Question. — 1.  The  county  school  com- 
missioners having  been  once  paid  three  dollars  for  each  district  vis- 
ited  will  not  be  allowed  to  collect  three  dollars  more  for  each  in 
the  census  report  of  his  county,  made  during  same  year,  although 
the  payment  for  visiting  was-made  under  a  mistaken  view  of  the 
meaning  of  the  law.     It  must  be  accepted  pro  tanto  as  payment  for 
reporting  the  census. 

2.  The  plea  of  limitation  was  good  on  and  after  September,  1891, 
for  a  claim  against  the  State  due  September,  1884.  Superintend- 
ent of  Public  Instruction  vs.  Bradley,  School  Commissioner  of  Scott 
Co.,  Superior  Court,  March,  1893. 

41.  District  Taxation  of  Corporations. — Railroad  companies  must 
report  to  the  Auditor,  on  or  before  the  first  day  of  September,  an- 
nually, the  length  of  their  road  in  each  school  district  in  this  State, 
and  its  average  value  per  mile.     Any  school  district  levying  a  tax 
in  any  year  may  tax  all  railroads  within  its  boundary,  and  all  taxes 
are  payable  on  or  before  the  tenth  day  of  October. 

The  trustees  of  District  83,  Hardin  county,  having  voted  a  tax 
of  twenty-five  cents  on  each  one  hundred  dollars  of  property  value, 
and  put  the  tax  list  in  the  hands  of  the  sheriff  to  collect,  they  there- 
by  appointed  him  collector,  and  he  was  authorized  to  collect  the  tax 
due  by  the  railroad  company  on  so  much  of  the  road  as  lay  in  said 
district.  L.  &  N.  R.  R.  Co.  vs.  Trustees  of  Dist.  83,  Hardin  Co.,  Su- 
perior Court,  March,  1893. 

42.  Kind  of  Titles  Trustees  Should  Have  to  Land. — Trustees  ac- 
cepted the  donation  of  land,  with  reversionary  interest  in  donor, 
in  case  the  land  should  ever  cease  to  be  used  for  school  purposes; 
and  levied  a  tax  to  be  used  to  build  a  schoolhouse  on  the  land, 
but  exempted  the  donor  of  the  land  from  this  tax.     A  tax-payer  of 
the  district  resisted  the  payment  of  his  taxes  because  the  trustees 
had  not  a  fee-simple  title,  and  because  they  exempted  the  donor 


166  APPENDIX— ABSTRACTS  OF  DECISIONS,  ETC. 

from  taxes.  Held— That  neither  plea  was  good,  and  he  must  pay 
his  taxes.  John  Gess  vs.  Trustees  of  Dist.  25,  Fayette  Co.,  Supe- 
rior Court,  April,  1893. 

43.  Power  of  County  Judge  in  Condemning  Land  for  School-house. 
The  trustees  of  district  7,  Letcher  county,  selected  a  site  for  school- 
house;  the  owner  would  not  sell;  they  applied  to  county  judge  for 
writ  to  condemn  the  land  for  school  purposes;  the  owner  answered 
that  the  land  was  not  at  the  center  of  district,  and  was  set  in  fruit 
trees  and  in  use  as  an  orchard;  the  county  judge  refused  to  issue  a 
writ  to  condemn  the  land,  and  the  trustees  appealed  to  the  circuit 
court  and  asked  for  mandamus  to  compel  the  county  judge  to  issue 
the  writ.  Held — That  the  decision  of  the  County  Superintendent  as 
to  the  site  of  a  schoolhouse,  though  final  as  to  contention  of  certain 
parties  in  the  district,  does  not  affect  the  rights  of  the  land  owner; 
that  the  county  judge,  acting  in  a  judicial  capacity,  had  the  right  to 
refuse  the  writ,  and  that  mandamus  was  not  the  proper  proceeding 
to  Set  aside  his  decision.     Wright,  Trustee  vs.  Baker,  County  Judge, 
Kentucky  Appellate  Court,  May,  1893. 

44.  How  to  Collect  School  District  Taxes  of  Corporations. — The 
trustees  of  district  No.  7,  Laurel  county,  sought  in  the  circuit  court 
thereof  to  collect  a  tax  of  twenty-five  cents  on  each  one  hundred  dol- 
lars of  property  value  in  said  district  of  the  Louisville  &  Nashville 
Railroad  Company.     Held — That  they  must  proceed  according  to 
article  3,  chapter  92,  General  Statutes,  and  amendments  thereto, 
adopted  April  2,  1890.     These  statutes  require:  (1)  That  the  county 
superintendent,  in  his  official  capacity,  shall  furnish  to  the  road 
the  boundary  of  the  district  in  which  the  track  is  situated.     (2)  The 
railroad  company,  on  or  before  September  1,  in  each  year,  shall 
report  to  the  Auditor  the  length  of  the  road  in  each  school  district, 
and  the  average  value  of  the  road  per  mile.     (3)  The  Railroad  Com- 
missioners must  equalize  this  reported  value  per  mile.     (4)  The 
Auditor  shall  then   certify  to  the   county   clerk  of  each   county 
court  the  amount  so  assessed  for  taxation  in  his  county  for  State, 
county,  city  and  district  taxation,  and  the  railroad  company  of  the 
amount  of  its  assessment;  and  on  this  assessment,  so  certified  to  the 
County  Clerk,  the  tax  dm*  ;;m  district  must  be  estimated. 

Any  petition  to  subject  the  railroad  company  to  taxation  must 
set  out  that  all  these  steps  have  been  taken,  otherwise  it  is  defect- 
ive. The  petition  in  this  case  was  dismissed  because  fatally  de- 


APPENDIX— ABSTKACTS  OF  DECISIONS,  ETC.  167 

fective.     Trustees  of  District  7,  Laurel  county,  vs.  L.  &  N.  R.  R.  Co., 
Superior  Court,  May,  1893. 


CITY  COUNCIL  OF  RICHMOND, Appellant, 

vs.           }-  Taxation. 
C.  S.  POWELL,  Appellee. 

In  order  to  issue  bonds  for  more  than  the  income  for  any  year, 
a  school  board  must  submit  the  question  to  a  vote  of  the  district, 
and  two-thirds  of  the  voters  must  favor  it,  or  it  will  be  in  violation 
of  section  157  of  constitution. 

June  16,  1894, 


CITY  OF  LUDLOW, r Appellant, 

vs.          [>  Bond  Issue. 
BOARD  OF  EDUCATION  OF  SAME  CITY, Appellee. 

An  act  of  Legislature  in  April,  1890,  authorized  the  city  of  Lud- 
low  to  issue  |30.000  of  bonds  for  building  schoolhouse,  etc.  The 
voters  at  41  ri  election,  favored  the  issual  of  $25.000  of  bonds  for  this 
purpose  August  4,  1890.  The  city  council,  on  September  18,  1890, 
enacted  an  ordinance  directing  the  bonds  sold  for  said  purpose.  In 
1891,  the  present  constitution  went  into  effect  before  the  bonds  had 
been  delivered  to  the  school  board.  Held — That  the  constitution 
does  not  interfere  with  the  selling  of  these  bonds;  though  it  would  be 
different  as  to  bonds  authorized  since  the  constitution  became  the 
law  in  1891. 

May  7,  1895. 


SUPT.  PUBLIC  INSTRUCTION,      Appellant, 

vs.          ^Expenses,  Etc. 
AUDITOR  OF  STATE, ...       ...  Appellee. 

This  decision  holds  that  the  Legislature  has  constitutional  power 
to  charge  the  common  school  fund  writh  the  payment  of  all  the 
expenses  of  the  State  department  of  education,  whatever  the  kind  or 
the  character;  and  that  the  Legislature  has  done  this  in  section  9 
of  the  school  law;  and  this  notwithstanding  the  language  of  sections 
184  and  186  of  the  constitution. 

March  28, 1895. 


168  APPENDIX— ABSTK ACTS  OF  DECISIONS,  ETC. 

SUPT.  OF  FRANKLIN  COUNTY, Appellant, 

vs.          [*  Taxation. 
L.  &  N.  R.  R Appellee. 

Trustees  of  school  districts  being  authorized  by  law  to  levy  both 
poll  and  an  ad  valorem  tax  for  building  a  schoolhouse,  etc.;  it  is 
held  that  they  may,  in  their  discretion,  levy  an  ad  valorem  tax  and 
omit  the  poll  taw  and  their  action  be  valid. 

April  17,  1895. 


E.  TOWN  SCHOOL  DISTRICT Appellant, 

vs.          ^Taxation. 
L.  &  N.  R.  R Appellee. 

Delinquent  taxes  due,  before  November  11,  1892,  to  school  dis- 
tricts may  be  collected  by  trustees ;  since  that  date  must  be  collected 
by  county  superintendent  for  the  district.  A  corporation  may  not 
avoid  taxation  by  pleading  that  it  has  no  color — neither  white  nor 
black,  since  all  property  by  present  law  is  taxed,  except  that  belong- 
ing to  colored  people. 

April  17,  1895. 


LIZZIE  KING, Appellant, 

vs.          }-  Debt  for  Material,  Etc. 
TRUSTEES  OF  DISTRICT  23,  Mason  County Appellee. 

J.  C.  King,  one  of  three  school  trustees  of  District  23,  bought 
lumber  for  a  school-house  for  District  23.  The  lumber  company 
sued  King  and  got  a  judgment  for  $165.20,  which  Lizzie  King  set- 
tled, and  it  was  transferred  to  her,  and  she  sued  for  a  mandamus 
against  the  trustees  of  District  23,  to  compel  them  to  levy  and  col- 
lect a  tax  off  the  property  of  the  district  to  pay  the  debt  con- 
tracted to  build  the  school-house.  She  failed  to  get  a  mandamus 
because  the  cause  was  defectively  pleaded  and  badly  conducted  be- 
fore the  courts. 

October  31,  1895. 

TRUSTEES  OF  FULTON  DISTRICT, Appellants, 

vs.          ^Graded  School. 

T.  N.  SMITH  &  Co., .  Appellees. 

This  was  an  injunction  against  trustees  to  prevent  the  collection 
of  a  tax  for  graded  school  at  Fulton.  Ten  tax-payers,  etc.,  filed  a 
petition  for  a  graded  school  district  on  May  6,  1894,  with  the  county 


APPENDIX— ABSTRACTS  OF  DECISIONS,  ETC.  169 

clerk.  On  May  9, 1894,  it  being  a  regular  term  of  the  Fulton  County 
Court,  the  judge  made  an  order  directing  the  sheriff  to  hold  an  elec- 
tion to  vote  for  a  tax,  which  was  duly  advertised  and  held,  a  major- 
ity voting  for  the  tax,  but  the  injunction  is  sustained,  because  the 
word  "receives,"  in  section  100  of  the  school  law  is  adjudged  to  have 
a  "technically  legal  meaning;"  which  is,  that  a  county  judge  can  not 
receive  a  petition  except  by  making  an  order  on  his  order  book  say- 
ing that  the  petition  has  been  "received'"  and  further  that  he  can 
not  make  this  order  "receiving"  such  a  petition,  except  on  a  day 
which  is  the  regular  term  of  the  county  court ;  and  after  this  order, 
"receiving"  said  petition,  has  been  duly  entered,  the  judge  must  wait 
until  the  next  regular  term  of  his  court  before  he  can  legally  make 
an  order  directing  the  sheriff  to  hold  an  election. 
March  5,  1896. 


OPINIONS  OF  THE  ATTORNEY-GENERAL. 
I. 

1.  The  right  to  remove  a  county  superintendent  is  made  to  de- 
pend on  the  existence  of  a  fact.     This  fact  must  exist  before  the 
right  to  remove  attaches. 

2.  As  to  whether  this  fact  exists  or  not,  every  ofljcer  subject  to 
removal  is  entitled  to  be  heard  before  some  kind  of  judicial  tribunal. 

3.  The  statute  does  not   give  the  power  to  remove  at   will,  but 
only  after  a  hearing,  and  the  establishing  of  the  fact  conditional  to 
removal. 

P.  W.  HARDIN, 
July,  1886.  Attorney-General. 

II. 

When  the  law  provides  that  a  trustee  holds  "until  his  successor 
is  elected  and  qualified,  or  appointed  and  qualified/'  there  is  no 
vacancy  simply  by  the  expiration  of  his  term;  and  no  vacancy  exists, 
when  the  term  expires,  authorizing  the  county  superintendent  to 
make  appointment  to  fill  vacancy. 

October,  1887.  P.  W.  HARDIN, 

Attorney-General. 


170  APPENDIX-ABSTRACTS  OF  DECISIONS,  ETC. 

III. 

1.  It  is  not  the  province  of  executive  or  ministerial  officers  to  set 
aside  laws  enacted  by  the  Legislature  until   declared  unconstitu- 
tional by  the  courts,  whatever  their  opinions  may  be. 

2.  A  statute  requiring  teachers  to  be  re-examined  while  holding 
certificates  to  teach  is  not  unconstitutional  on  that  account. 

3.  The  Legislature  may  require  greater  qualifications,  or  more 
evidences  of  qualifications,  from  any  one  proposing  to  teach  in  the 
common  schools. 

4.  Rights  acquired  by  such  certificate  must  be  held  and  accepted 
as  continuing  subordinate  to  the  power  and  duty  of  the  Legislature 
to  act  for  the  public  good. 

October,  1888.  P.  W.  HARtilN, 

Attorney-General. 

IV. 

1.  A  tax  for  white  schools  in  any  district  is  to  be  levied  on  the 
property  of  whites  only,  and  a  tax  for  colored  schools  to  be  levied 
on  the  property  of  colored  persons  only. 

2.  It  is  only  when  whites  are  taxed  for  white  schools  that  cor- 
poration property  can  be  taxed;  but  when  such  property  is  taxed, 
the  colored  schools  of  the  taxed  territory  must  receive  their  pro  rata 
part  as  provided  in  the  statute. 

August,  1891.  P.  W.  HARDIN, 

Attorney-General. 

V. 

1.  Trustees  levied  tax  to  build  school-house,  and  built  one  cost- 
ing four  hundred  and  forty-four  ($444)  dollars.     The  tax  for  three 
years  failed  to  pay,  and  they  incurred  a  debt  of  two  hundred  and 
fifty  ($250)  dollars. 

2.  The  trustees  were  not  personally  liable  for  this  debt,  as  it  was 
a  debt  of  the  district. 

3.  The  superintendent  of  the  county  is  authorized  to  condemn 
the  house  for  the  debt  incurred  to  finish  the  house,  and  the  trustees 
can  then  levy  a  tax  for  three  years  more  to  meet  the  deficit. 

October,  1891.  WM.  J.  HENDRICK, 

Attorney -General.    ' 


APPENDIX— ABSTRACTS  OF  DECISIONS,  ETC.  171 

VI. 

1.  The  trustees  of  District  21,  Pendleton  county,  exhausted  the 
three  years'  tax  in  building  a  house,  and  had  a  debt  of  eighty  dol- 
lars while  the  house  was  still  without  desks. 

2.  The  county  superintendent  had  the  undoubted  right  to  con- 
demn the  house  for  repairs  in  the  way  of  furniture,  and  for  debt,  and 
the  trustees  should  thereupon  levy  tax  sufficient  to  pay  debt  and  pay 
for  furniture. 

October,  1891.  WM.  J.  HENDRICK, 

Attorney-General. 

VII. 

1.  Trustees  of  District  No.  2t),  Casey  county,  levied  a  tax  to  buy 
school  furniture,  and  exhausted  the  funds  collected,  and  were  still 
forty  ($40)  dollars  in  debt  for  same. 

2.  The  county  superintendent  should  condemn  the  house  for  re- 
pairs, whereupon  the  trustees  would  be  authorized  to  levy  a  tax  to 
pay  the  debt  contracted,  for  repairs. 

3.  Trustees  are  not  personally  liable  on  such  a  contract,  as  it  is 
the  debt  of  the  district. 

October,  1891.  WM.  J.  HENDRICK, 

Attorney-General. 

VIII. 

1.  The  Crab  Orchard  District,  organized  under  Article  3a, 
School  Law,  voted  a  tax  of  sixty  cents  to  each  one  hundred  dollars 
of  property,  and  a  two-dollar  poll-tax  to  support  a  school  and  justify 
four  thousand  dollars'  worth  of  bonds  for  a  school-house.  Query — 
Does  the  district  in  the  matter  of  schools  fall  under  section  157  of 
the  new  Constitution? 

2.  Section  157  does  not  stand  in  the  way  of  the  tax,  and  there  is 
no  word  or  line  in  the  new  Constitution  which  limits  in  any  way  the 
taxation  which  a  school  district  may  vote  on  itself  for  the  purpose 
of  maintaining  a  system  of  education,  such  as  is  contemplated  in  our 
common  school  laws. 

November,  1891.  WM.  J.  HENDRICK, 

Attorney-General. 


172  APPENDIX— ABSTRACTS  OF  DECISIONS,  ETC. 

IX. 

1.  The  Adairville  school  charter  makes  the  board  of  trustees  the 
sole  judges  of  the  qualifications  of  the  teachers  employed;    yet  it 
seems  these  qualifications  should  not  be  lower  than  is  required  in 
the  public  schools  of  the  country. 

2.  The  question  of  taxation  for  the  school  need  not  be  submitted 
to  a  vote  annually. 

December,  1891.  WM.  J.  HENDRICK, 

Attorney-General. 

X. 

The  County  Court  of  Knox  county  exempted  several  persons 
from  paying  poll-taxes  due  the  county,  and  on  this  fact  they  claimed 
exemption  from  paying  poll  taxes  in  a  school  district. 

Held — That  the  County  Court  of  Claims  has  no  power,  authority 
or  jurisdiction  to  grant  exemption  to  any  one,  for  any  tax,  poll  or  ad 
valorem,  under  the  laws  of  Kentucky. 

December,  1891.  WM.  J.  HENDRICK, 

A  ttorney-  General. 

XI. 

1.  Statutes  in  existence,  when  the  new  Constitution  became  the 
law  of  the  State,  were  superseded  by  it,  when  there  was  a  conflict. 

2.  Section  186,  of  new  Constitution,  secures  the  pro  rata  assigned 
to  any  district  for  the  year  ending  June  30,  1892  (the  year  the  new 
Constitution  became  a  law),  when  not  used  that  year,  to  the  same 
district  for  the  year  following,  ending  June  30, 1893,  and  if  not  used 
in  either  year,  it  then  passes  to  the  General  School  Fund. 

3.  -Any  part  of  the  pro  rata  belonging  to  any  district,  when  not 
used  at  the  end  of  the  school-year  for  which  it  was  designed,  must 
be  returned  to  the  State  Treasury,  and  remain  there  to  the  credit  of 
the  district  for  next  year. 

September,  1892.  WM.  J.  HENDRICK, 

Attorney-General. 

XII. 

1.  The  Arlington  Graded  Free  School  District,  in  Carlisle 
county,  organized  under  section  17,  article  3a,  of  School  Law,  and 
offered  bonds  for  sale  to  provide  house,  etc.  The  purchasers  raised 


APPENDIX— ABSTRACTS  OF  DECISIONS,  ETC.  173 

the  question  whether  section  157  of  new  Constitution  forbade  the 
issue. 

2.  Held — That  it  was  the  sense  of  the  convention  which  framed 
the  constitution,  after  matured  deliberation  and  prolonged  discus- 
sion, that  the  limitation  on  the  taxing  rate  in  section  157  should  not, 
and  does  not,  include  taxes  for  school  purposes.  The  convention  left 
the  matter  to  the  discretion  of  the  Legislature  and  the  people. 

October,  1892.  WM.  J.  HENDRICK, 

Attorney-  General. 

XIII. 

J.  L.  McDowell  was  elected  county  superintendent  of  Rpbertson 
county,  November  1,  1892,  to  fill  out  the  term  of  one  elected  in  1890. 
Query — At  what  time  shall  he  take  office — whether  January  1,  1893, 
or  as  soon  as  his  election  has  been  certified,  and  he  has  qualified  by 
giving  bond,  &c.  ?  Held — That  having  been  elected  to  fill  out  part  of 
a  term,  he  had  a  right  to  the  office  as  soon  as  he  got  his  certificate  of 
election  and  executed  bond. 

December,  1892.  WM.  J.  HENDRICK, 

Attorney-General. 

XIV. 

The  trustees  of  a  district  in  Grant  county  owned  a  school-house 
and  lot  worth  three  hundred  and  fifty  dollars.  The  lot  was  given 
to  the  district  about  1867.  The  donor  has  been  dead  twenty  years. 
Trustees  have  had  possession  of  lot  for  twenty-five  years,  but  there 
is  no  deed  or  writing  of  any  kind  on  record  to  show  the  nature  of 
the  contract.  Trustees  are  compelled  to  build  a  larger  house  to  ac- 
commodate the  children,  and  ,put  on  another  site.  Question — Do 
the  house  and  lot  revert  to  the  heirs  of  the  donor,  or  can  the  trustees 
sell  same  for  benefit  of  the  district? 

Held — That  having  held  possession  more  than  fifteen  years,  the. 
presumption  is  that  the  trustees  had  a  good  title  at  the  beginning 
and  still  own  the  property,  and  can  sell  same  for  benefit  of  district; 
that  the  heirs  have  no  title  to  the  lot. 

December,  1892.  WM.  J.  HENDRICK, 

Attorney-General. 


174  APPENDIX— ABSTEACTS   OF  DECISIONS,  ETC. 

XV. 

1.  In  locating  a  school-house,  the  trustees  may  employ  a  sur- 
veyor if,  in  their  judgment,  it  is  necessary,  and  the  charges  should 
come  out  of  the  fund  for  purchase  of  site  and  for  building  the  house. 

2.  The  trustees  are  not  required  to  execute  an  indemnifying  bond 
to  their  collector  of  taxes. 

January,  1893.  WM.  J.  HENDRICK, 

Attorney-General 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.        175 


LEGAL    FORMS 

FOR   SCHOOL   OFFICERS,    TEACHERS,    AND   OTHERS— COMPLETE 
LIST  BY  CLASS  AND  NUMBER. 

Frankfort,  Ivy.,  April  15,  1896. 
To  County  Superintendents,  Trustees,  Teachers  and  Others,  Interested 

in  the  Betterment  of  Our  Schools: 

I  here  publish  a  list  of  the  official  blanks  most  used  to  conduct 
the  business  of  our  common  schools;  and  following,  the  forms  also. 
Some  of  those  named  are  not  given  herein  but  they  are  printed  and 
sent  out  by  the  State  office.  Some  new  forms  have  been  added  and 
all  have  been  renumbered  to  enaJble  us  to  group  them  under  conveni- 
ent general  heads. 

These  forms  have  been  prepared  with  great  care  as  to  their  legal 
bearings,  and  are  thought  to  be  up  to  date,  so  far  as  the  law  has 
been  construed  by  the  Appellate  Court.  They  will  be  a  reliable 
guide  to  the  less  experienced  school  officials,  and  will,  we  hope,  con- 
tribute materially  to  the  efficient  administration  of  public  school 
business,  and  assist  in  making  the  system  as  nearly  uniform  as  pos- 
sible hroughout  the  State,  preventing  confusion  and  avoiding  liti- 
gation. 

In  most  cases  reference  is  made  to  the  law  giving  rise  to  the 
forms  presented.  Respectfully, 

W.  J.  DAVIDSON, 
Chairman  State  Board  of  Education. 

LIST  OF  BLANKS. 
v 

I.     COUNTY  SUPERINTENDENT  WITH  STATE  OFFICE. 

No.  1.  Annual  Report  to  Superintendent  of  Public  Instruction. 

No.  2.  Annual  Settlement  writh  State.     July. 

No.  3.  Annual  Census  Report  to  Superintendent  of  Public  In- 
struction. June  1. 

No.  4.  Annual  Report  to  Railroad  Companies,  of  District  Bound- 
aries Containing  any  part  of  Railroad  Track.  June  30. 

No.  5.  Certificate  of  County  Board  of  Examiners  Concerning  Ap- 
plicants for  State  Certificate  to  Teach. 

No.  6.  Certificate  of  County  Board  of  Examiners  Concerning  Ap- 
plicants for  Common  School  Diplomas. 


176      LEGAL  FOKMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

No.  7.  Order  granting  an  Appeal  to  Superintendent  of  Public  In- 
struction from  Decision  of  County  Superintendent. 

No.  8.  Transcript  of  Papers,  Evidence,  Exceptions,  etc.,  in  Cases 
Appealed  to  State  Office. 

No.  9.  Appeal  to  State  Board  from  decision  of  Superintendent  of 
Public  Instruction. 

No.  10.  Certificate  of  Examiners  as  to  the  condition  of  Examina- 
tion Questions,  etc. 

No.  11.  Requisition  for  Blanks. 

No.  12.  Eequisition  for  Examination  Questions  to  be  made 
twenty  days  before  the  third  Friday  in  May,  June,  July,  and  August. 

II.  COUNTY  SUPERINTENDENT  WITH  TEACHERS. 

No.  13.  Application  for  a  County  Certificate  to  Teach. 

No.  14  County  Certificate  Issued  to  Teach. 

No.  15.  Certificate  that  Teacher  Attended  the  Institute. 

No.  16.  Notice  to  Teacher  that  Charges  have  been  Preferred 
against  Him. 

No.  17.  Notice  to  Teacher  to  show  cause  why  he  should  not  be 
suspended  or  removed. 

No.  18.  Order  of  County  Superintendent  Removing  Teacher. 

No.  19.  Notice  to  Teacher  of  his  Removal. 

No.  20.  Receipt  for  Money  Paid  Teacher. 

III.  COUNTY  SUPERINTENDENT  WITH  TRUSTEES. 

No.  21.  Description  and  Boundary  of  District. 
No.  22.  Order  Condemning  School-house,  etc. 
No.  23.  Notice  that  School-house  has  been  Condemned. 
No.  24.  Order  appointing  a  Trustee  to  fill  vacancy. 
No.  25.  Notice  to  Trustee  of  his  Appointment. 
No.  26.  Notice  of  Proposed  Change  of  Boundary. 
No.  27.  Order  Changing  Boundary. 
No.  28.  Notice  of  Time  and  Place  of  Holding  Institute. 
No.  29.  Notice  to  Trustee  that  charges  have  been  preferred. 
No.  30.  Notice  to  Trustee  to  show  cause  why  he  should  not  be  re- 
moved— no  formal  charges  having  been  preferred  against  him. 
No.  31.  Order  of  County  Superintendent  removing  a  Trustee. 
No.  32.  Notice  to  a  Trustee  of  his  removal. 
No.  33.  Trustee  declining  to  accept  office. 


LEGAL  FORMS  FOR' SCHOOL  OFFICERS,  TEACHERS,  ETC.         177 

IV.      COUNTY   SUPERINTENDENT   WITH   EXAMINERS   AND 

OTHERS. 

No.  34.  Order  Appointing  Examiner  for  County. 

No.  35.  Oath  of  Examiner. 

No.  36.  Order  Adopting  Text  Books. 

No.  37.  Statement  to  County  Judge  as  to  Books  needed  for  In- 
digent Pupils. 

No.  38.  Receipt  to  County  Judge  for  Books  for  Indigent  Pupils. 

No.  39.  Subpoena  for  Witnesses. 

No.  40.  Attachment  for  Witnesses. 

No.  41.  Notice  to  another  County  Superintendent  that  a  frac- 
tional district  will  be  reclaimed. 

V.     TRUSTEES  TO  COUN1Y  SUPERINTENDENT. 

No.  42.  Annual  Census  Report.     (White).     May  1. 

No.  42-a.  Annual  Census  Report.     (Colored). 

No.  43.  Annual  Report  of  School  Taught. 

No.  44.  Monthly  Report  of  School  taught  and  that  Teacher  is 
entitled  to  pay. 

No.  45.  Order  of  Trustees  on  Treasurer  or  County  Superintend- 
ent to  pay  money. 

No.  46.  Transferring  Pupils  and  per  capita  to  other  Districts. 

No.  47.  Certificate  that  Trustees  have  been  elected  or  tax  voted. 

No.  48.  Trustees  filing  Charges  against  Teachers. 

VI.     TRUSTEES  WITH  THE  DISTRICT. 

49.  Order  of  Tax  Levy  for  building,  etc. 

No.  50.  Notice  fixing  time  for  payment  of  taxes  for  building,  etc. 

No.  51.  Order  of  Tax  Levy  for  Incidental  Expenses. 

No.  52.  Notice  fixing  time  for  Payment  of  Taxes  for  Incidental 
Expenses. 

No.  53.    Notice  as  to  time  and  place  of  County  Institute. 

No.  54.  White  notice  of  an  Election  to  be  held  for  Trustee  or 
Tax. 

No.  54-a.  Colored  notice  of  an  Election  to  be  held  for  Trustee  or 

Tax. 

VII.     TRUSTEES   WITH   OTHERS. 

No.  55.  Certificate  of  Election  given  to  Trustee-elect. 
No.  56.  Notice  calling  a  Meeting  of  Trustees. 
12 


178        LEGAL  FORMS  FOK  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

No.  57.  Minutes  of  Meeting  Employing  a  Teacher. 

No.  58.  Contract  with  Teacher  to  Conduct  School. 

No.  59.  Notice  to  Parent  that  his  Child  has  been  Expelled  or  Re- 
stored. 

No.  60.  Notice  to  Teacher  to  show  Cause  why  he  should  not  be 
Suspended  or  Dismissed. 

No.  61.  Notice  to  Treasurer  of  his  Appointment. 

No.  62.  Bond  of  District  Treasurer. 

No.  63.  Treasurer's  Receipt  to  Tax  Payer,  63-a,  63-b,  and  63-c. 

No.  64.  Treasurer's  Annual  Report  to  Trustees  and  County  Sup- 
erintendent. 

No.  65.  Petition  to  County  Judge  that  Laud  be  Condemned  for  a 
School-house  site,  etc. 

No.  66.  Contract  Leasing  a  Site  for  School-house. 

No.  67.  Proposals  for  Erecting  or  Repairing  School-house. 

No.  68.  Contract  for  Building  a  School-house. 

No.  69.  Bond  for  Performance  of  Contract. 

No.  70.  Appeal  from  Action  of  Trustees  Locating  a  School-house. 

No.  71.  Notice  to  Trustee  that  an  Appeal  has  been  taken. 

No.  72.  Oath  of  Trustee  Entering  Office. 

No.  73.  Certificate  of  a  Justice  of  the  Peace  that  a  Trustee  has 
been  sworn  in. 

No.  74.  Charges  Against  a  Trustee  by  a  Citizen  of  the  District. 

No.  75.  Charges  Against  a  Teacher  by  a  Citizen  of  the  District. 

No.  76.  Notice  to  Person  Neglecting  to  Send  Child  to  School. 

No.  77.  Note  of  Trustees  for  Borrowed  Money. 

VIII.     TEACHERS  WITH  TRUSTEES  AND  COUNTY 
SUPERINTENDENT. 

No.  78.  Monthly  Report  to  Trustee  and  County  Superintendent. 
No.  79.  Term  Report  to  Trustee  and  County  Superintendent. 
No.  80.  Notice  to  Trustee  that  a  Pupil  has  been  Suspended. 
No.  81.  Inventory  of  Furniture  and  Apparatus  Reported  to  Trus- 
tee at  close  of  term. 

IX.  GRADED  SCHOOL  FORMS. 

No.  82.  Petition  to  County  Judge  to  Order  an  Election  for  a 
Graded  School. 

No.  83.  Order  of  County  Judge  Filing  the  Petition. 

No.  84.  Order  of  County  Judge  Directing  the  Sheriff  to.  hold  an< 
Election  for  Graded  Schools. 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.         179 

No.  85.  Proclamation  of  Sheriff  Advertising  the  Election  to  be 
Held  for  Graded  School. 

No.  86.  Poll  Sheet  and  Certificate  of  officers  holding  the  Elec- 
tion for  Graded  Schools. 

No.  87.  Order  of  County  Judge  Declaring  the  Graded  School  Es- 
tablished and  Trustees  Elected. 

No.  88.  Notice  of  County  Superintendent  to  Trustees  elected  to 
meet  at  a  time  and  place  to  organize. 

No.  89.  Notice  for  an  Election  of  Trustees  First  Saturday  in  May. 

X.     COUNTY  COURT  AND  SPECIAL  EXAMINERS,  ETC. 

No.  90.  Certificate  to  Superintendent  of  Public  Instruction  that 
some  one  has  been  elected  County  Suprintendedent. 

No.  91.  Certificate  to  Superintendent  of  Public  Instruction  that 
some  one  has  been  appointed  County  Superintendent  to  fill  va- 
cancy. 

No.  92.  Certificate  of  County  Clerk  to  Superintendent  of  Public 
Instruction  that  County  Superintendent  has  Executed  Annual  Bond. 

No.  93.  Certificate  that  Applicants  for  Eligibility  to  become 
County  Superintendents  have  been.  Examined. 

No.  94.  Certificate  of  State  Board  of  Examiners  that  Certain 
Persons  are  Eligible  as  County  Superintendents. 

No.  95.  Order  of  County  Court  Appointing  a  Commission  to 
Assess  Damages  for  a  Site  for  School-house. 

No.  96.  Report  of  Commissioners  to  Assess  Damages  for  Site 
of  School-house. 

XI.     GENERAL. 

No.  97.  Course  of  Study. 
No.  98.  Daily  Program  for  School. 
No.  99.  Diplomas  for  Graduates  of  the  Common  School. 
No.  100.  State  Certificate  to  Teach. 
No.  101.  State  Diploma  to  Teach. 
No.  102.  Teacher's  Grade  Book. 
No.  103.  Trustees'  Record  Book. 
No.  104.  Regulations  for  Libraries. 

No.  105.  Biennial  Report  of  Superintendent  of  Public  Instruc- 
tion. 

No.  106.  School  Laws. 

The  following  numbers  do  not  appear  among  the  Forms  in  this 


180       LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

volume,  but  are  printed  Blanks  sent  out  by  the  State  office  on  requi- 
sitions by  County  Superintendents  or  other  proper  parties : 

Nos.  1,  2.  •">,  r,,  10,  11,  12,  14,  20,  42,  43,  44,  47,  49,  50,  54,  54-a, 
62,  78,  79,  86,  89,  92,  94,  97,  98,  99,  100,  101,  102,  103,  104,  105  and  106. 

(Form  No.  4.) 

Report  of  Boundaries  of  School  Districts  Through  Which  Railroads 

Run. 

(Art.  IV,  Sec.  4,  Revenue  Law;  School  Law,  page  139.) 

Office  of  Superintendent  Common  Schools, 

.  . . ' County, 

Ivy.,    189... 

To  the Railroad  Company.— 

Gentlemen:  As  required  by  the  Revenue  Law  of  Kentucky,  I 
report  to  you  the  boundaries  of  common  school  districts  (graded 

or  ordinary),  through  which  the railroad  is  operated, 

in  this  county,  or  such  part  thereof  as  will  readily  enable  you  to 
determine    the    length    of    track    in    each    district,    as    follows: 

The line  (east,  northeast,  north,  or  northwest,  as  the  case 

may  be)  of  district  No.  . .  crosses  said  road  ....  feet  ....  (north, 
south,  and  so  on  as  the  case  may  be)  of  milepost  No. . .  (taking,  of 
course,  the  post  nearest  where  the  line  crosses,  which  in  every  case 
must  be  less  than  one-half  mile,  and  being  careful  to  state  which  of 
the  two  numbers  on  the  post  is  used) ;  and  the  ....  line  of  same 
(west,  southwest,  south,  or  southeast)  crosses  the  right  of  way  of 
said  road  ....  feet  ....  of  milepost  No.  ...  In  this  district  there 
are,  as  indicated  above,  ....  miles  of  road. 
And  thus  with  other  districts. 

Respectfully   submitted, 

S.  C.   S. 

*This  report  should  be  mailed  to  the  officer  or  agent  having  charge  of  the  com- 
pany's* business  in  this  State,  in  time  to  reach  him  certainly  by  July  1.  The  same  form 
should  be  used  by  County  Clerk. 


LKGAL  KOU.Mr,   FOR  SCHOOL  OFFICKRS,  TEACHERS,  ETC.         181 

(Form  No.  5.) 

Certificate  of  County  Board  of  Examiners  as  to  Applicant  for  Teach- 
er's State  Certificate. 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,    189... 

We  hereby  certify  that   ,  whose  examination 

papers  accompany  this,  was  examined  by  us  on  the and 

day  of ,  189 . . ,  in  strict  accord- 
ance with  the  provisions  of  Section  132,  School  Law  of  1890;  that 

he  did  not,  either  directly  or  indirectly,  receive  any 

assistance;  and  that ......  moral  character  is  unexception- 
able. 

We  do  furthermore  certify  that,  according  to  our  knowledge 

and  belief, he  is  not  less  than  twenty-one  years  of 

age,  and  has  had  at  least  two  years'  experience  in  teaching;  and 
we  recommend  that  a  Teacher's  State  Certificate  be  granted 


,   County    Superintendent, 

,  Examiner. 

,  Examiner. 

Subscribed  and  sworn  to  before  me,  a  

this day  of ,  189. .. 


.(Form  No.  7.) 
Order  Granting  An  Appeal. 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky., 189... 

Appellant,     j 

vs.  V     Order. 

State  of  Kentucky.  J 

On  the  motion  of ,  an  appeal  to  the  Sup- 
erintendent of  Public  Instruction  is  granted  him  from  my  judgment 
in  removing  him  from  teaching  the  common  school  in  District  for 


182        LEGAL  FOKMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

from  being  Trustee),  No ,  as  per  record  in  my  office,  of 

which  this  is  made  a  part. 

Given  under  my  hand,  date  above  written. 

,  S.  G.  S. 

NOTE. — The  original  record,  or  a  copy  thereof,  will  be  forwarded  to  the  State  office 
by  the  County  Superintendent,  after  minute  of  the  proceedings  had,  and  copy  of  the 
judgm  %nt  have  been  entered  in  his  Record  Book. 


(Form  No.  8.) 

County  Superintendent's  Transcript  of  Appeal. 
(Section  34.) 

I, ,  County  Superintendent  of 

County,  State  of  Kentucky,  hereby  certify  that  the  foregoing  is  a 
correct  and  complete  transcript  of  the  records  of  all  proceedings 
had,  the  evidence  given,  and  papers  filed  in  my  office  and  my  rul- 
ings thereon,  and  my  decision  in  the  case  of vs. 


This  the day  of ,  189. .,  at ,  Ky. 

Signed, County  Supt. 

NOTE. — (a)  The  date  of  filing  every  paper  should  be  endorsed  thereon,  all  motions 
made,  the  rulings  of  the  County  Superintendent,  all  his  orders,  and  the  substance  of  all 
oral  testimony  should  be  reduced  to  writing  at  the  time  of  trial  and  forwarded  with  the 
transcript  of  the  case. 

(&).  The  transcript  of  the  County  Superintendent  will  consist  of  an  exact  copy  of 
the  papers  filed  and  the  endorsements  thereon,  together  with  a  copy  of  the  substance  of 


all  testimony  given,  the  whole  arranged  in  proper  order  as  to  time,  closing  with  the  de- 
cision of  the  County  Superintendent  in  full,  with  the  ab 


above  certificate  attached. 


(Form  No.  9.) 

Appeal  to  the  State  Board  of  Education  from  Superintendent  of  Pub- 
lic Instruction. 

(Section  34.) 
Office  of  Superintendent  of  Common  Schools, 

County, 

Ky., 189... 

John  Doe,  Plaintiff,  ^ 

vs.  s 

Richard  Roe,  Defendant.       S 

The  defendant  (or  the  plaintiff,  as  the  case  may  be),  prayed  an 

*On  receipt  of  this  notice  of  appeal,  with  exceptions  as  referred  to,  the  Superin- 
tendent of  Public  Instruction  will  conyene  the  Board  of  Education  and  submit  the 
record. 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.         183 

appeal  from  the  judgment  of  the  County  Superintendent,  finding 
for  the  plaintiff  (or  defendant,  as  the  case  may.  be)  in  the  above- 
styled  case,  to  the  Superintendent  of  Public  Instruction,  who  af- 
firmed said  judgment.  He  now  appeals  from  said  decision  of  the 
Superintendent  of  Public  Instruction  to  the  State  Board  of  Educa- 
tion, and  prays  a  reversal  of  the  judgment,  with  all  proper  relief. 
On  motion,  judgment  is  suspended  during  such  time  as  will  be  re- 
quired for  a  hearing  of  the  case.  His  bill  of  exceptions  accompan- 
ies this,  and  will  be  made  a  part  of  the  record  now  in  the  office  of 
the  Superintendent  of  Public  Instruction . 

„  s.  c.  s. 


(Form  No.  13.) 

Application  for  Certificate  to  Teach. 
(Section  63.) 

To  the  Board  of  Examiners  for .County: 

I  hereby  make  application  for  a  county  teacher's  certificate.  In 
so  doing,  I  fully  recognize  the  moral  as  well  as  the  legal  obliga- 
tions that  rest  upon  me,  neither  to  give  aid  to,  nor  to  receive  as- 
sistance from,  any  one,  during  the  examination,  and  should  I,  in 
the  course  of  the  same,  thoughtlessly  or  otherwise,  violate  either, 
I  agree  to  waive  my  right  to  continue  longer  in  the  examination 
and  to  withdraw  therefrom. 

In  evidence  of  my  moral  fitness  to  teach,  I  state  that  I  do  not 
indulge  in  drunkenness,  profanity,  gambling,  or  licentiousness, 
and  in  support  of  this  statement,  I  refer  you  to  the  subjoined 
statement  of  two  witnesses  of  unquestionable  integrity,  who*  are 
intimately  acquainted  with  me,  and  whom  you  know,  or  of  whose 
reputation  for  veracity  you  can  easily  learn,  that  I  possess  an  un- 
ceptionable  moral  character.  I  further  submit  that  I  have  never 
unlawfully  obtained  or  attempted  to  obtain,  sell,  barter,  or  give 
any  State  Board  questions,  nor  in  any  other  way  been  connected 
with  their  unlawful  use. 

Better  to  enable  you  to  arrive  at  my  attainments  and  my  abil- 
ity to  instruct  and  manage  children,  I  submit  the  following  facts: 


184       LEGAL  FORMS  FOE  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

1.  I  am  over  18  years  of  age,  and  have  attended  school  since  16 

years    of   age   about  as  follows:     Common    schools months; 

High  schools months;  College months;  Normal  schools 

months.     In  addition  to  the  above,  I  have  attended 

Teachers'  Institutes,  and  take  ....  Educational  Journals. 

2.  I    have   heretofore  received    professional  certificates  as  fol- 
lows :    

,  and  I  have  taught  in  the  public 

schools .  months. 

I  enclose  the  examination  fee  of  one  dollar,  and  agree  to  con- 
form to  all  lawful  rules  and  regulations  in  conducting  the  exami- 
nation. 

Signed,    ,   Applicant. 

Subscribed  and  sworn  to  before  me  this day  of 

,  189... 

h  Signed, County  Supt. 

or 

Examiner. 

We,  the  undersigned,  certify  that  we  have  been  intimately  ac- 
quainted with for  years,  and 

know  h. .  to  be  of  unexceptionable  moral  character.  Should  any 
conduct  in  violation  of  the  above  obligation  on  the  part  of  the 
holder  come  to  our  knowledge  during  the  continuance  of  the  cer- 
tificate granted  under  this  writing,  we  agree  to  withdraw  this  en- 
dorsement. 

Signed 


This  the day  of  ,  189 


(Form  No.  15.)    . 
Certificate  of  Attendance  at  Institutes.* 

(Section  140.) 
Office  of  the  Superintendent  of  Common  Schools, 

County, 

Ky.,  189... 

This  is  to  certify  that has  attended  the  Teach- 

*The  Teacher  is  required  to  file  this  with  Chairman  of  Board  of  Trustees  in  his 
district  where  he  contracts  for  school. 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.        185 

ers'  Institute  for  this  county  for  the  school  year  ending  June  30} 
189.  .,  for  (here  insert  number  of  days  and  parts  of  days). 

,  s.  c.  s. 


(Form  No.  16.) 

Notice  to  Teacher  that  Charges  Have  Been  Preferred. 
(Sections  20,  55,  63,  64,  81,  88,  89,  133,  134,  135,  136,  140). 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,  189... 

To , 

Teacher  in  District  No 

You  are  hereby  notified  that  charges  of  (here  insert  incompe- 
tency,  neglect  of  duty,  immorality,  or  other  disqualification,  all  or 
singular)  have  been  preferred  against  you,  and  your  removal  (or 
suspension,  as  the  case  may  be)  demanded. 

The  specifications  are  as  follows: 

You  will  take  notice  that  at o'clock,  A.  M.,  on  the 

day  of 189 .  . ,  the  case  will  be  heard  at  my  office  and 

you  will  then  and  there  attend  and  make  such  plea  and  proof  as 
may  seem  to  you  consistent  with  truth  and  equity. 
Entered  of  record,  date  above  written. 

,,  S.  C.  S. 


(Form  No.  17.) 

Notice  to  Teacher  to  Shoiv  Cause  Why  lie  Should  not  be  Suspended  or 
Removed — No  formal  Charges  Having  been  Preferred. 

Sections  20,  55,  63,  64,  81,  88?  89,  133,  134,  136,  140.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky., 189... 

To , 

Teacher  in  District  No 

You  are  hereby  notified  that  it  appears  to  the  satisfaction  of 


186        LEGAL  FOKMS  FOK  SCHOOL  OFFICEKS,  TEACHEKS,  ETC. 

.the  County  Superintendent  on  personal  observation,  and  from 
facts  that  have  otherwise  come  to  his  knowledge,  that  you  are  just- 
ly chargeable  with — (here  insert  incompetency,  neglect  of  duty, 
immoral  conduct,  or  other  disqualifications,  all  or  singular,  as  the 
case  may  be) — specifically  in  this:  That  (here  set  out  such  acts, 
omissions,  etc.,  within  the  Superintendent's  knowledge,  as  are  held 
to  disqualify). 

You  will  take  notice  that  at  ....  o'clock,  a.  m.,  on  the  ....  day 

of ,  189. .,  you  will  appear  at  my  office  and  show  cause 

why  you  should  not  be  removed  from  having  further  charge  of 
the  school.* 

S.  C.  S. 

*0r  why  your  certificate  should  not  be  revoked,  as  the  case  may  be. 


(Form  No.  18.) 

Judgment  of  County  Superintendent  Removing  Teacher. 
(Sections  55  and  89.) 

Office  of  Superintendent  of  Common  Schools, 

For County. 

State  of  Kentucky,    "| 
vs. 


It    appearing,    from    evidence    produced    before    me    on    the 

day  of  ,  189. .,  that  ., 

teacher  in  District  No ,  this  county,  is— (here  insert  im- 
moral, incompetent,  or  other  disqualifying  fact  established  on 
trial)— as  charged,  it  is  adjudged  that  he  be  dismissed  from  further 
service  as  teacher  in  said  district,  and  a  vacancy  is  hereby  de- 
clared. Dated  this  day  of ,  189. .. 

Entered  of  record,  date  above  written. 

,  S.  C.  S. 

NOTE. — If  the  facts  established  on  trial  are  such  as  to  render  the  accused  ineligible 
to  hold  a  certificate,  the  order  should  declare  certificate  revoked. 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.        187 

(Form  No.  19.) 

Notice  to  Teacher  of  His  Removal. 
(Sections  55  and  136.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,  189... 

To , 

Teacher  in  District  No 

In  the  matter  charged  by  (here  insert  name  of  accuser),  after 
a  full  hearing  of  pleas  and  evidence,  the  Superintendent  being 
sufficiently  advised:  It  is  ordered  that  the  charges  be  sustained, 
and  you  are  dismissed  from  employment  as  Teacher  in  the  District 
aforesaid. 

Entered  of  record,  date  above  written. 


(Form  No.  21.) 
Description  and  Record  of  Boundary. 

The  boundary  of  a  District  shall  be  indicated  substantially  as 
follows,  noting  that  each  farm-house  near  the  lines  be  distinctly 
assigned  its  proper  District,  so  that  no  mistake  may  occur  in 
taking  the  census  or  levying  tax.  Residences  along  the  lines  carry 
with  them  for  purposes  of  taxation  and  census  return,  the  en- 
tire farm  and  tenants  thereon: 

By  virtue  of  authority  vested  in  me  by  Sections  41,  65  and  66, 
School  Law,  I  have  this  day  ordered,  and  entered  of  record,  that 

District  No ,  shall  include  all  the  territory  and  families 

within  the  following  lines:     Beginning  near  the  residence  of  Tom 

Jones,  on  the road,*  so  as  to  include  him,  and  running 

thence  S.  E.,  about  three  miles  to  the  residence  of  John  Smith,  in- 
cluding him;  thence  south,  about  three  miles  to  the  residence  of 

John  Doe,  excluding  him;  thence  S.  W.  about  four  miles  to 

creek;  thence  with  said  creek  to  the  crossing  of  the  

road;  thence  N.  W.  about  three  miles  to  the  residence  of  Richard 

#0r  other  natural  or  artificial  object. 


188       LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

Roe,  excluding  him;  thence  N.  E.  to  the  large  oak  on  top  of  Little's 
Knob;  thence  straight  to  the  beginning  except  that  A.  Lineman  is 
excluded.* 

Dated  at ,  Ky.,  ,  189. .. 

*Send  copy  of  order  to  chairman  of  District  for  entry  in   his  Record  Book,  and 
to  chairman  of  each  other  District  affected,  that  he  may  govern  himself  accordingly. 


(Form  No.  22.) 

Order  Condemning  School  House,  Etc. 
(Section  41.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,    189... 

After  due  investigation  in  the  matter  of  school  house  in  and  for 

District  No ,  and  by  virtue  of  authority  vested  in  me  by 

law,  the  said  house  is  hereby  condemned  as  unfit  for  use  as  a  school 
house  for  said  district,  and  the  Trustees  thereof  are  hereby  ordered 
to  have  a  new  house  erected  for  said  district.  This  order  is  entered 

of  record,  this day  of  ,  189 . . . 

Signed, S.  C.  8. 


(Form  No.  23.) 

Notice  of  Condemnation. 

(Section  41.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,    189... 

To  Board  of  Trustees,  District,  No 

Gentlemen:  By  virtue  of  authority  vested  in  the  County  Super- 
intendent, I  have  this  day  condemned  the  school-house  in  your  Dis- 
trict as  not  in  accordance  with  the  requirements  of  the  law  and  the 
interest  of  the  pupil  children.  You  are  hereby  directed  to  proceed 
under  sections  78  and  79  to  levy  tax  or  otherwise  provide  means 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.          189 

to*   and  to  have  the 

work  executed  as  soon  as  practicable. 

Entered  of  record,  under  date  as  above. 

,  S.  C.  S. 

*Here  set  out  in  full  what  is  to  be  done;  as,  to  purchase  site,  to  build,  to  enlarge,  to 
repair,  to  put  in  furniture  or  apparatus,  to  protect  property  by  fence,  to  provide  water, 
or  any  of  these. 


(Form  No.  24.) 

Order  Appointing  Trustees. 

(Section  74.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,    189... 

It  appearing  that  there  is  a  vacancy  in  the  Board  of  Trustees 

of  District  No ,  by  reason 

Now,  therefore,  by  virtue  of  authority  vested  in  me  by  law,  I  do 

hereby  appoint ,  to  be  and  to  exercise  the 

power  and  the  authority  of  Trustee  in  said  District  No until 

July,  1,  189.  . .,  the  end  of  said  term  and  until  his  successor  shall 
be  elected  or  appointed  and  qualified. 
Entered  of  record,  date  above  given. 

,  S.  C.  S. 


(Form  No.  25.) 

Notice  to  Trustee  of  his  Appointment 
(Section  74.) 

Office  of  Superintendent  of  Common  Schools, 

To , 

Ky.,  189... 

You  are  hereby  notified  that  you  have  been  appointed  Trustee 

for  District  No ,  of county  for  the  remainder 

of  the  term  ending  on  the  30th  day  of  June,  189 .  . .  Please  to  notify 
me  at  once  if  you  accept  the  place,  as  I  hope  you  will  for  the 
good  of  the  Commonwealth. 

Very  truly  and  respectfully, 

,,  S.  C.  S. 


190       LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

(Form  No.  26.) 

Notice  of  Proposed  Change  of  Boundary. 
(Section  41.) 

Office  of  Superintendent  of  Common  Schools, 

Ky.,  189... 

To  the  Board  of  Trustees,  District  No 

Gentlemen :     You  are  hereby  notified  that  on  the day  of 

9  189. .,  at  10  o'clock,  a.  m.,  I  will  hear  argument  and 

consider  petitions  for  and  against  a  change  of  boundary  line  be- 
tween District  Nos and  ....,*  so  that  said  line  which  now 

runs 

shall  be  made  to  run  

or  otherwise,  as  shall  appear  from  information  then  and  there  or 
previously  obtained  to  be  most  in  accordance  with  the  interests 
of  the  districts  to  be  affected.  You  are  requested  to  make  this 
generally  known  among  your  people. 

Please  to  take  due  notice  and  govern  yourselves  accordingly. 

,  S.  C.  S. 

*To  be  addressed  to  chairman  of  each  District  concerned,  to  reach  him  ten  days 
before  the  hearing. 


(Form  No.  27.) 

Order  Changing  Boundary  of  District. 
(Section  41.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,    189... 

In  the  matter  of  change  of  boundary  between  Districts  No 

and  No ,  having  duly  examined  petition,  heard  arguments  and 

testimony,  and  being  sufficiently  advised,  it  is  ordered  that  the  line 

between  said  Districts  which  now  runs 

shall  be  changed  to  run  as  follows,  viz: 

so  as  to  conform  to  the  best  interests  of  all  parties,  or  at  least  to 
a  large  majority  of  those  affected  by  the  change. 
Entered  of  record,  date  above  written. 

,  S  C.  S. 

For County. 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.         191 

(Form  No.  28.) 

Notice  as  to  Time  of  Holding  Institute. 
(Section  143.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,    189... 

To  Trustees  of  Common  Schools: 

Gentlemen :  The  Teachers'  Institute  for  this  county,  for  the  cur- 
rent school  year,  will  be  held  at ,  beginning  on 

the day  of ,  and  continuing  

days. 

Please  to  notify  promptly,  as  the  law  requires,  every  teacher  in 

*•• 

your  District.  Observe  that  in  addition  to  direct  oral  or  written 
information,  written  notices  are  to  be  posted.  If  you  have  con- 
treated  with  a  Teacher  who  is  absent  from  the  county,  it  is 
your  duty  to  write  him  or  her  at  once. 

That  you  may  avail  yourselves  of  the  opportunity  of  hearing 
and  taking  part  in  the  discussion  of  matters  pertaining  to  your  of- 
fice, you  are  notified  that  (here  insert  day  of  week)  will  be  Trustees' 
Day. 

V. ,  S.  C.  S. 

*A  copy  of  this  notice  is  to  be  mailed  to  each  Board  of  Trustees  in  the  county 
(addressing  its  chairman),  twenty  days  before  the  Institute. 


(Form  No.  29.) 
Notice  to  Trustees  that  Charges  Have  Been  Preferred  Against  Him. 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,  189... 

To , 

Trustee,  District  No 

You  are  hereby  notified  that  certain  patrons  of  District  No. 
,  have  charged  you  with  (here  insert  malfeasance,  misfeas- 
ance, neglect  of  duty,  immoral  conduct,  or  other  disqualification 

all  or  singular.)     Take  notice  that  at  ....  o'clock,  a.  m.,  on  the 

day  of ,  you  will  appear  at  my  office  to  show 

cause  why  you  should  not  be  removed  from  office. 

,;.; ,  s.  c.  s. 


192         LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

(Form  No.  30.) 

Notice  to  Trustee  to  shoiv  Cause  Why.  he  Should  Not  be  Removed — No 
Formal  Charges  Having  Been  Preferred  Against  Him. 

Sections  20,  55,  75,  to  95,  135  and  136.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky., 189 ... 

To , 

Trustee  in  District  No 

You  are  hereby  notified  that  it  appears  to  the  satisfaction  of 
the  County  Superintendent,  from  personal  observation  and  from 
facts  that  have  otherwise  come  to  his  knowledge,  that  you  are 
justly  chargeable  with  (here  insert  misfeasance,  malfeasance,  neg- 
lect of  duty  or  immoral  conduct,  all  or  singular,  as  the  case  may 
be) — specifically  in  this:  That  (here  set  out  such  acts,  omissions, 
etc.,  within  the  Superintendent's  knowledge,  as  are  held  to  work 
forfeiture  of  office.) 

You  will  take  notice  that  at  ....  o'clock,  a.  m.,  on  the  ....  day 

of ,  189. .,  you  wrill  appear  at  my  office  and  show  cause 

why  you  should  not  be  dismissed  as  provided  in  Section  55,  School 
Law. 

,  S.  C.  S. 


(Form  No.  31.) 

Judgment  of  Removal  of  Trustee  from  Office  for  Misfeasance,  Mal- 
feasance or  Neglect  of  Duty.* 

(Sections  55,  88,  89.) 

It  appearing  on  trial  held  before  me,  that , 

a  trustee  of  District  No ,  County  of   Ky., 

charged  with ,  which  offense  creates  a  for- 
feiture of  his  office,  it  is  adjudged  that  he  be  removed  from  his 
office  of  Trustee  as  aforesaid,  and  said  office  is  hereby  adjudged  to 
be  vacant. 

This day  of ,  189 ... 

,  S.  C.  S. 

*Copy  of  this  should  be  sent  to  Trustee  as  notification  of  his  r  vn  >vj,l. 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.        193 

(Form  No.  32.) 

Notice  to  Trustee  of  His  Removal. 
(Sections  55  and  136.) 

Office  of  Superintendent  of  Common  Schools, 

*. County, 

Ky.? 189... 

To , 

Late  Trustee  in  District  No 

In  the  matter  charged  by  (here  insert  name  of  accuser),  after  a 
full  hearing  of  pleas  and  evidence,  the  Superintendent  being  suffic- 
iently advised:  It  is  ordered  that  the  charges  be  sustained,  and 
you  are  dismissed  from  being*"or  acting  as  trustee  in  the  district 
aforesaid. 

Entered  of  record,  date  as  above. 

. ,  s.  c.  s. 


(Form  No.  33.) 
(Section  74.) 
Trustee  Declining  to  Accept. 

To ,  County  Superintendent : 

My  Dear  Sir: — I  am  in  receipt  of  notice  of  my* 

as  trustee  for  District  No ,  and  regret  that  circumstances  are 

such  that  I  am  compelled  to  decline  the  position.     I  recommend 

as  a  suitable  person  for  the  position. 

Respectfully, 

Signed 

^Election  or  appointment. 


(Form  No.  34.) 

Order  Appointing  a  County  Examiner.  * 
(Section  60.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky 189... 

It  appearing  that    ,  well  known  to  me,  is  a 

*A  copy  of  this  order  should  be  furnished  to  each  appointee. 
13 


194        LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

strictly  moral  and  a  well  educated  person,  and  holds  (here  insert 
County  Certificate  of  first  class,  State  Certificate,  State  Diploma, 
or  diploma  of  graduation  from  school  of  high  character,  as-  the  case 
may  be),  he  is  hereby  appointed  a  member  of  Board  of  Examiners 
for  this  county,  to  serve  as  such  during  my  present  term  of  office, 
unless  he  resign  or  be  removed  for  cause. 
Entered  of  record,  date  above  written 

,  s.  c.  s. 


(Form  No.  35.) 

Oath  of  Examiner. 

(Section  60.) 

I, ,  having  been  appointed  an  Examiner  of  Appli- 
cants for  Teachers'  Certificate  and  for  Diploma  of  Graduation,  in 
and  for  the  county  of ,  Kentucky,  and  accepted  the  ap- 
pointment, do  hereby  solemnly  swear  that  I  will  faithfully  dis- 
charge the  duties  of  said  office,  as  required  by  the  Common  School 
Law. 

,  Examiner. 

Subscribed  and  sworn  to  before  me,  and  filed  in  this  office,  this 

day  of ,  189..* 

Clerk  of  the  County  Court. 

*This  affidavit  must  be  made  and  filed  before  an  Examiner  is  qualified  to  act. 


(Form  No.  36.) 

Order  Adopting  Text-Books. 

(Section  61.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,  189... 

At  a  meeting  of  the  County  Board  of  Examiners  held  this 
all  being  duly  notified,  and  a  majority  being  present,  it  appeared 
that  the  former  adoption  of  Text-books  for  the  Public  Schools  of 

this  county  expired   ,  189 . . ;  whereupon,  having 

carefully  examined  and  compared  all  Text-books  whose  publishers 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.  195 
have  filed  bond  with  the  Superintendent  of  Public  Instruction, 
copies  of  which  are  on  file  in  this  office,  with  prices  of  said  books, 
we  have  selected  and  do  hereby  adopt  for  use  in  the  Public  Schools 

of  this  county,  for  five  years  from  the day  of , 

189 ,  the  following  books:     (Here  designate  the  books  in  order, 

with  prices  of  same.) 

Entered  of  record,  date  above  written. 

,  S.  C.  S. 

,  Examiner.    , 

,  Examiner. 


(Form  No.  37.) 

Text-Books  for  Indigent  Children. 
(Sections  43  and  82.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

,  Ky.,  July  ....,  189... 

To , 

Judge  of  the  County  Court: 

Dear  Sir:  Reports  from  the  various  Boards  of  Trustees,  as 
required  by  Section  82,  School  Law,  and  personal  observation,  en- 
able me  to  report  to  you  the  following  as  a  reasonable  estimate 
of  books  needed  for  indigent  children  of  this  county  for  the  en- 
suing school  year: 

loz.  Slates    @ —  -  .? — 

-doz.  Slate  pencils @ — 

-doz.  Spelling  books    @ 

-doz.  First  Readers    @- 

-doz.  Second  Readers    @- 

-doz.  Third  Readers  @- 

-doz.  Fourth   Readers    @- 

-doz.  Fifth  Readers   . 


-doz.  Primers   @- 

-doz.  Primary  Arithmetics @- 

loz.  Intellectual  Arithmetics @- 

-doz.  Practical  Arithmetics    @- 


— doz.  Language  Lessons,  Part  I 


196        LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

—doz.  Language  Lessons,  Part  II @- 

— doz.  Elementary  Grammars   @- 

— doz.  Practical  Grammars @- 

doz.  Elementary  Geography @- 


doz.  Complete  Geography @- 

-doz.  Histories  of  U.  S.  .  @- 


— doz.  Histories  of  Kentucky @- 

loz.  Physiology  and  Hygiene (a  - 

loz.  Civil  Government  (ff- 

-doz.  Copy  Books (§- 

Total   .  @- 


The  books,  etc.,  can  be  had  of  your  local  dealer  at  prices  above 
set  out. 

Calling  your  attention  to  Section  43,  School  Law,  I  have  to 
represent  that  to  meet  the  demands  of  all  the  schools  it  is  necessary 
to  purchase  as  soon  as  possible. 

Respectfully, 

,,  S.  C.  S. 


(Form  No.  38.) 

Superintendent's  Receipt  to  County  Judge  for  books  to  be  Furnished 
to  Indigent  Children. 

»•' 1.     ^.-i 

(Section  43.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky., 189... 

Received  of Judge  of  the 

County  Court,  the  following  books,  etc.,  to  be  furnished  to  the  in- 
digent pupil  children  of  this  county,  as  required  by  law:  (Here  set 
out  in  full,  as  in  the  order,  all  that  is  received,  that  the  itemized 
statement  may  be  judge's  voucher  in  settling  with  the  fiscal  court.) 

,  S.  C.  S. 


LEGAL  FOKMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.        197 
(Form  No.  39.) 

Subpoena  for  Witness.* 
(Section  89.) 

Office  of  Superintendent  of  Common  Schools, 

. . County, 

Ky 189... 

The  State  of  Kentucky.  ...  To  the  Sheriff  (or  any  Constable  or 

Marshal)  of county: 

You  are  commanded  to  summon   to 

appear  at  my  office,  on  the   day  of   189 . . , 

at o'clock,  a.  in.,  to  testify  in  the  case  of , 

in  District  No.  .  . .  t .  . ,  on  a  charge  of 

Given  under  my  hand,  date  above  written. 

,  S.  C.  S. 

*To  testify  on  trial  of  Teacher  or  Trustee. 


(Form  No.  40.) 

Attachment  for  Witnesses. 

(Section  89.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky., 189... 

The  State  of  Kentucky  to  the  Sheriff  of County : 

You  are  commanded  to  arrest  ,  and  have  him 

before  me,  at  my  office  by  or  before o'clock  on  the 

day  of 189 . . ,  to  testify  in  the  case  of , 

charged  with ,  and  to  answer  for  disobedience  to 

subpoena  served  on  him. 

Given  under  my  hand,  date  above  written. 

."..,  S.  C.  S. 

NOTE. — If  bond  is  taken  for  the  appearance  of  a  witness,  it  should  be  for  $100. 


198        LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

(Form  No.  41.) 

Notice  that  Part  of  Fractional  District  Will  6e  Reclaimed. 
(Section  68.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky., 189... 

To , 

S.  C.  S.  of County. 

You  are  hereby  notified  that  at  the  end  of  thirty  days  'after 
reasonable  time  for  the  transmission  of  this  letter,  I  will  reclaim 

that  part  of  this  county  which  lies  in  fractional  District  No , 

of  (here  insert  my  county  or  your  county,  as  the  case  may  be),  unless 
cause  can  be  shown  why  such  a  step  would  seriously  prejudice  the 
interests  of  the  pupil  children  in  said  district.  I  call  your  atten- 
tion to  the  fact  that  (here  insert  no  house  has  been  built,  or  the 
house  is  unfit  for  school  purposes),  and  that  no  loss  of  property  can 
result  from  this  action.* 

,  S.  C/S. 

*If  there  is  ground  belonging  to  the  fractional  district,  and  house  and  furniture  of 
any  kind,  such  property  should  be  sold  by  the  trustees,  and  the  proceeds  divided  pro- 
portionately to  school  population  between  the  two  fractions. 


(Form  No.  45.) 

Order  of  Trustees  on  Treasurer  or  County  Superintendent. 
(Sections  79  and  80.) 

School-House  of  District  No , 

State  of  Kentucky, 

County  of 

,  189.. 

To District  Treasurer.* 

At  a  meeting  of  the  Board  of  Trustees,  duly  called  and  held 

this  day,  a  majority  being  present,  it  was  ordered  that 

be  paid  the  sum  of and  —  dollars  (f ),  for 

(here  set  out  for  what   payment   is  to   be  made),   as  per  bill  filed 
with  us,  marked ;  and  you  will  pay  to  him, 

*0r  County  Superintendent,  as  the  case  may  be. 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.        199 

or  his  order,  accordingly.     This  order,  with   payee's  receipt,  shall 
be  your  voucher  for  same. 

Witness,  minutes  of  meeting  in  our  Record  Book,  and  my  sig- 
nature. 

,  Chairman. 


(Form  No  46.) 

Request  for  Temporary  Transfer  of  Pupils. 

(Section  69.) 

To  the  Trustees  of  District  No , County,  Ky.: 

Gentlemen:     Please  to  allttw  me  to  send of  my  children 

to  the  school  in   adjoining    District   No ,  for   the    current 

school  year,  since  it  is  more  convenient  to  them. 
This day  of ,  189 ... 


Resident  of  District  No. 


Indorsement  by  Trustees  of  District  where  the  children  reside: 

We,  the  Trustees  of  District  No consent  to  the  transfer 

above  requested,  since  it  will  not  shorten  term  of  our  school  nor 
interfere  with  contract  with  teacher. 

This day  of ,  189. . . 

,  Chairman  x 

V   Board  of  Trustees. 


Indorsement  by  Trustees  of  District  where  the  children  reside : 

We,  the  Trustees  of  District  No consent  to  the  transfer 

above  requested,  as  it  will  not  interfere  with  the  efficiency  of  our 
school  nor  with  our  Teacher's  contract. 

This day  of  ,  189... 

,  Chairman  \ 

,  I  Board  of  Trustees. 

*  Request  and  indorsements  should  be  had  before  contracts  are  made  with  Teacher, 
and  this  paper  filed  with  County  Superintendent  before  the  end  of  first  month  of 
school. 


200        LEGAL  FORMS  FOK  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

(Form  No  48.) 

Charges  Against  Teacher  by  Trustees. 
(Sections  55,  63,  81,  83,  88  and  130.) 

Ky.,   189.  .. 

To , 

County  Superintendent  of  Common  Schools: 

We,  Trustees  of  District  No ,  county  of , 

hereby  charge Teacher  in  said  District  with 

(here  insert  drunkenness,  profanity,  gambling,  licentiousness,  in- 
competency,  neglect  of  duty,  all  or  singular,  as  the  case  may  be) 
specifically  in  this,  that  (here  insert  such  acte  and  omissions,  known 
to  the  Board,  as  are  held  to  disqualify)  and  we  have  suspended 
him  from  having  charge  of  the  school,  subject  to  your  approval. 
Entered  of  record,  date  as  above. 

,  Chairman. 

Trustee. 

,  Trustee. 


(Form  No.  51.) 

Order  of  Levy  for  Incidental  Expenses  of  School.* 
(Section  80.) 

We,   the    Board  of   Trustees  of    District    No ,  county  of 

,  Ky.,  having  this  day  met  in  a  corporate  ca- 
pacity, after  due  notice,  a  majority  being  present,  to  provide  for 
the  comfortable  conduct  of  the  school  for  said  District  now  under 

contract  for  the  current  year,  do  hereby  levy  a  poll-tax  of 

on  all  persons  whose  children  attend  the  school,  in  accordance  with 
section  80,  School  Law.  The  Teacher  is  required  to  furnish  the 
District  Treasurer  the  names  of  the  patrons  and  said  Treasurer 
will  collect  at  the  time  specified  in  notices  posted  or  sent  to  said 
patrons.  Those  who  become  patrons  after  the  list  has  been  fur- 

*Copy  of  this  notice  should  be  sent  to  the  Teacher,  and  notices,  fixing  time  and 
place  at  which  payments  must  be  made,  must  be  posted  at  three  prominent  places  in 
the  District.  All  who  fail  or  refuse  to  pay  before  the  close  of  the  school,  should  be 
deemed  delinquent,  and  collection  may  be  had  by  distraint  of  property. 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TRACKERS,  ETC.        201 

Disked   will  pay  to  the  Treasurer,  or  some  one  deputized  by  him  to 
receive  it,  without  further  notice. 

Entered  of  record,  this  .......  day  of ,  189 .  . . 

,  Chairman. 

,  Trustee. 

,  Trustee. 


(Form  No.  52.) 

Notice  to  Pay  Poll-Tax  for  Incidental  Expenses. 
(Section  80.) 

The  patrons  of  the  common  school  in  District  No ,  in 

county,  are  hereby  notified  that,  in    accordance 

with  section  80,  Common  School  Law,  a  poll-tax  of  .... has 

been  levied  on  all  persons  having  children  who  are  attending,  or 
will  attend,  to  pay  expenses  incident  to  the  comfortable  conduct 
of  the  school. 

The  limit  fixed  for  the  payment  of  these  taxes  is 

weeks,  and  payment  must  be  made  to  the  District  Treasurer  on  or 

before  the  expiration  of  that  time.     He  will  be  at 

on  the day  of  ,  189 . . . ,  to  receive  said 

taxes.  At  the  expiration  of  that  time,  it  will  be  the  duty  of  the 
Treasurer  to  enforce  payment. 

This day  of  ,  189 ... 

,  Chairman  -\ 


Board  of  Trustees. 


(Form  No.  53.) 

Trustees'  Notice  of  County  Institute. 
(Section  U3.) 

School  District  No ,  County  of ,  Kv. 

All   teachers   and   persons   proposing   to   teach  in    the    public 
schools  of  this  State  the  current  year,   will   take  notice  that  the 

Teachers'  Institute  will  convene  at   Ky.,  on  Mon- 

dav,  the  .      .  day  of  .  ,  18!)..,  and  continue  live  days. 


202        LEGAL  FOKMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

X 

All  teachers  that  fail  to  attend  the  full  session  of  the  County  In- 
stitute forfeit  their  right  to  teach  in  the  public  schools  during  the 
year,  or  to  obtain  a. certificate  to  teach  during  the  year,  unless  they 
are  excused  by  the  County  Superintendent  for  such  non-attendance 
by  reason  of  actual  sickness  or  other  disability. 

This  the day  of ,  189. .. 

Signed 

Chairman. 

NOTE. — Post  a  notice  like  the  above  at  three  or  more  public  places  in  the  district. 


(Form  No.  55.) 

Certificate  to  be  Given  to  Trustee- Elect. 
(Section  72.) 

This  certifies  that  at  an  election  held  this  day,  A,  B,  was  duly 
elected  to  fill  the  office  of  Trustee  of  Common  School  District  No. 

,  county  of ,  for  three  years  from  July  1, 

189... 

Given  under  my  hand  this day  of ,  189 . . . 


Judge  of  Election. 


(Form  No.  56.) 

Notice  Calling  a  Meeting  of  Trustees. 
(Section  75.) 

School  District  No ,  County  of ,  Ky. 

To , 

Trustee  of  District  aforesaid: 

You  will  take  notice  that  a  meeting  of  the  trustees  of  said  dis- 
tract is  hereby  called  to  convene  at  the  district  school  house  on  the 

day  of ,  189 . .  at  ....  o'clock  . .  m.  to  consider 

.- and 

such  other  business  as  may  properly  come  before  said  board. 

This  the  ....  day  of ,  189. .. 

*Signed 

Chairman. 

*(«).  The  Chairman  declining  to  call  a  meeting  of  the  Board,  the  other  Trustees 
may  do  so,  but  in  such  case  it  will  be  prudent  to  consider  only  that  business  mentioned 
in  the  call. 

(b).  Regular  meetings  of  the  Board  should  not  be  less  frequent  than  monthly, 
and  should  adjourn  to  meet  at  a  time  and  place  specified,  which  should  be  entered  in 
the  minutes.  This  practice  saves  the  Chairman  the  trouble  of  giving  notice  to  con- 
vene the  Board  except  in  emergencies.  * 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.       203 

(Form  No.  57.) 

Minutes  of  Trustees'  Meeting. 

(Section  75.) 

School  District  No ,  County  of ,  Ky. 

At  a  meeting  of  the  board  of  trustees  of  the  above  named  district, 
duly  convened  by  the  chairman  for  the  purpose  of  considering  ap- 
plications and  employing  a  teacher  for  the  public  school  in  said 

district  fir  the  current  year,  there  were  present , 

,  and 

After  due  consideration  of  the  claims  of  all  applicants  and  of 

others  whose  services  might  be  had,  on  motion  of , 

it  was  ordered  that  contract  be  entered  into  with , 

for  a  term  of  ....  months  at  $ ....  per  month,  the  school  to  begin 

on  the day  of ,  189 ...     On  this  question 

and voted  for  and 

voted  against  employing  said   

This  the day  of ,  189... 


Chairman. 

(a).  Two  of  the  Board  may  be  in  favor  of  employing  a  certain  teacher,  and  may 
conclude  because  they  constitute  a  majority,  there  is  no  need  of  meeting  to  conside*r 
the  subject.  But  each  member  of  the  Board  has  an  equal  right  to  be  heard.  Two  of 
the  Board  have  no  right  to  assume  that  the  remaining  member  may  not  be  able  to  give 
good  reasons  for  employing  some  other  person  than  their  applicant,  or  at  least  to  con- 
vince them  that  they  should  not  employ  him.  Not  only  the  law,  but  common  cour- 
tesy, demands  that  every  member  be  given  an  opportunity  to  be  heard. 

(ft).  At  this  meeting  a  member  of  the  Board  should  be  appointed  to  arrange  for'a 
supply  of  fuel  for  the  school  term.  Another  member  should  be  selected  to  have  the 
school  house,  out-houses,  water  supply,  etc.,  put  in  good  condition  for  the  opening  of 
the  school. 

(c).  It  is  also  suggested  that  the  Board  divide  the  district  into  convenient  sections 
at  this  meeting,  and  assign  each  member  certain  patrons  to  visit  during  the  two  weeks 
preceding  the  opening  of  the  school  for  the  purposes  set 'out  in  section  82. 

All  these  transactions  should  be  made  a  matter  of  record,  and  recorded  in  the  min- 
utes following  the  record  employing  a  teacher. 


(Form  No.  58.) 

Teachers'  Contract  with  Trustees  Printed  by  State  Office  and  sent  out 
with  Record  Book  also  inserted  here. 

(Section  81.) 

This  Article  of  Agreement,  entered  into  on  the day  of 

,   189. ..  Witnesseth:     That  A B ,   hold- 


204        LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

ing  a class  certificate,  has  contracted  with  D....  C.  . .  .,  E.  . 

F and  G H ,  Trustees  of  District  No ,  in 

the  county  of ,  State  of  Kentucky,  to  teach  the  Common 

School  of  said  District  for  the  term  of months,  beginning  on 

the day  of ,  189 .  . ,  in  accordance  with  the  Common 

School  Laws  and  Rules  and  Eegulations  prescribed  in  pursuance 
thereof  by  the  State  Board  of  Education,  for  the  sum  of 
(| ;.-.).  The  said  Dis- 
trict has  a  census  enrollment  of pupil  children. 

All  parties  are  held  subject  to  all  legal  supervision  provided  for 
in  the  School  Laws;  and  the  right  of  suspending  the  teacher  for 
legal  cause  is  reserved.  It  is  agreed  that  fires  are  to  be  made  and 

floors  swept  during  the  school  term  by ,  the 

Trustees  furnishing  fuel  and  brooms,  etc. 

,   Chairman, 

,  Trustee, 

.   Teacher. 


(Form  No.  59.) 

Notice  to  Parent  or  Guardian  that  a  Pupil  Has  Been  Expelled  or 

Restored. 

(Sections  83  and  136.) 

School-House,  District  No ,  County  of ,  Ky., 

,  189... 

To , 

The  Board  of  Trustees  having  met  this  day  in  a  corporate  ca- 
pacity, all  having  been  notified,  a  majority  present,  to  investi- 
gate the  charge  preferred  by ,  Teacher,  against 

,  pupil,  for  (here  give  the  charge),  have  made 

due  inquiry  and  weighed  impartially  the  testimony  offered,  and  we 
conclude  that  said  charge  is  (here  insert  sustained  or  not  sustained, 
as  the  case  may  be) ;  and  you  are  hereby  notified  that  said  pupil  is 
(here  insert  expelled  or  restored,  as  the  case  may  be.)* 

,  Chairman. 

Trustee. 

Trustee. 

*Teacher  or  parent  can  appeal  from  this   finding  to  the  County  Superintendent, 
whose  decision  shall  be  final. 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.        205 

(Form  No.  60.) 

Notice  to  Teacher  to  Show  Cause  Why  He  Should  Not  be  Removed. 
(Sections  20,  55,  61,  81,  83,  133,  134,  135  and  136.) 

District  No ,  County  of Ky., .... 

,189 

To , 

Teacher  in  District  No. . 

;> 

You  are  hereby  notified  that  you  have  been  charged  with  con- 
duct unbecoming  a  teacher  and  inconsistent  with  School  Law,  in 
this :  That (here  set  out  the  specified  act  or  acts,  and  omis- 
sions charged.)  This  charge  will  be  investigated  at  the  District 

Schoolhouse,  at o'clocji ,  on  the. . .  .day  of , 

189. .,  at  which  time  you  will  appear  and  make  such  plea  and  proof 
as  may  seem  to  you  in  the  interest  of  justice  and  equity,  or  the 
charge  will  be  taken  as  confessed  and  you  will  be  removed,  subject 
to  approval  of  County  Superintendent  on  trial  had  before  him. 

Entered  of  record,  date  above  written. 

,  Chairman. 

Trustees. 


(Form  No.  61.) 

Notice  of  Appointment  to  be  District  Treasurer. 
(Section  79.) 

Ky.,  189... 

To , 

You  are  hereby  notified  that  you  are  appointed  to  be  Treasurer 

of  Common  School  District  No ,  this  county,  for  the  term  of 

....  years.  You  will  execute  bond  for  the  sum  of  ....  dollars, 
which  is  approximately  double  the  amount  of  taxes  to  be  collected 
this  year  from  all  sources,  as  provided  in  Sections  79  and  80,  which 
bond,  to  be  approved  by  County  Judge  or  a  Justice  of  the  Peace 
and  filed  with  him,  shall  be  renewed  annually  in  such  sum  as  may 
be  necessary  to  cover  double  the  collections  for  each  year. 

Minute  of  appointment  entered  of  record,  date  above  written. 

Chairman.    \ 

(.    Trustees. 


206        LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

(Form  No.  63.) 


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LEGAL  FOKMS  FOR  SCHOOL  OFFICERS,  TEACHERS.  ETC.        207 

Note. — If  the  tax-payer  refuses  to  pay  his  taxes  as  designated  in 
forms  50  and  52,  the  Treasurer  has  the  same  power  as  the  sheriff  in 
the  collection  of  State  and  county  revenue  and  may  proceed  in  the 
same  way  to  collect  by  levy  and  sale,  by  attachment,  or  by  action.  The 
complications  that  may  arise  in  the  collection  of  this  tax  are  varied 
and  numerous,  and  the  treasurer  should  consult  the  county  attor- 
ney, who  is  by  law  his  legal  adviser,  when  in  doubt  as  to  the  proper 
steps  to  be  taken.  The  treasurer  will  in  every  case,  however, 
make  out  carefully  on  form  No.  63,  the  receipt  of  each  delinquent, 
present  it  to  him  and  demand  payment.  If  he  fails  or  refuses 
to  pay,  the  Treasurer  will  proceed  under  sections  4443  and  4184, 
Kentucky  Statutes,  to  attach  any  debtor  of  the  delinquent,  if  there 
be  such,  as  in  Form  No.  63-a,  to*wit: 

School  District  No ,  County  of ,  Ky. 

To :The  taxes  due  me  as  Treasurer  of 

the  above-cited  district  from ,  amount  to 

$ To  that  extent  you  are  hereby  notified  not  to  pay  or 

deliver  to  him  any  money  or  property  which  you  may  now  owe  or 
may  hereafter  become  indebted  to  him,  and  to  appear  before  the 
County  Court  of  the  county  on  the  first  day  of  its  next  term  to  show 
cause  why  you  should  not  be  adjudged  to  pay  said  taxes.  This  the 

day  of ,  189... 

,  Treasurer. 

Or  the  Treasurer,  under  sections  4148  and  4149,  may  distrain 
goods  and  chattels  sufficient  to  pay  such  taxes.  In  this  case  he 
must  advertise  at  the  court  house  door  at  least  ten  days  before  the 
day  of  sale  the  time  and  place  of  same,  then  sell  sufficient  property 
to  pay  the  tax  and  costs.  The  advertisement  at  court  house  should 
be  something  as  follows: 

Form  63-b. 

NOTICE  TAX  SALE. 

School  District  No ,  County  of ,  Ky. 

As  Treasurer  of  above  district,  on  the day  of , 

189. . .,  at  1  o'clock,  p,  m.,  at within  said  dis- 
trict, I  will  at  public  outcry  proceed  to  sell 

levied  on  or  distrained  as  the  property  of to  pay 

amount  of  his  school  tax  and  costs,  due  me  as  Treas- 


208        LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

urer  thereof  for  the  year  189 This  the day  of , , 

189.... 

Treasurer 

and  tax  collector  of  district  named  above. 

Or  the  Treasurer,  under  section  4151,  Kentucky  Statutes,  may,  if 
there  be  no  personal  property  that  may  be  distrained  for  taxes,  sell 
enough  real  estate  belonging  to  the  delinquent  to  pay  taxes  and 
costs,  as  lands  are  sold  under  execution,'as  modified  by  the  section. 

He  will  notify  the  person  owing  the  tax,  by  postal  card  15  days 
beforehand,  of  the  time  and  place  of  sale,  specifying  the  land  to  be 
sold;  advertise  for  fifteen  days  before,  by  poster  at  court  house  door 
the  time  and  place  of  sale;  also  for  four  weeks,  once  a  week,  in  a 
newspaper  of  the  county;  if  no  paper  is  published,  then  by  posters 
at  three  or  more  conspicuous  places  in  the  district.  The  following 
Form  63-c  may  be  used : 

TAX  LAND  SALE  NOTICE. 

School  District  No ,  County . . ,  Ky. 

As  Treasurer  of  the  above-named  district,  on  the day  of 

,  189 . .  . ,  at  1  p.  m.,  at  the  court  house  door,  I 

will  proceed  to  sell  at  public  outcry,  to  pay  school  taxes  due  me  as 
Treasurer  of  above-named  district  for  the  year  189 .  . . ,  the  lands  of 
the  following  named  persons,  situated  within  said  district  or  so 
much  thereof  as  may  be  needful  to  pay  the  taxes  due  and  costs,  as 

indicated  herein.  The  lands,  levied  on  as  the  property  of , 

who  is  due  $ of  taxes,  are  bounded  on  the  south  by  the  lands 

of ,  on  the  east  by  the  lands  of , 

on  the  north  by  the  lands  of ,  and  on  the  west 

by  the  lands  of ,  and  is  the  same  listed  by 

,  the  deed  of  conveyance  to  the  said being 

recorded  in  the  clerk's  office  of  this  county  on  Book  No.  .  . .  Page .  . . 

The  lands  levied  on  as  the  property  of ,  who 

is  due  $ of  taxes  are  bounded  on  the  south,  etc., 

In  like  manner  set  out  all  lands  to  be  sold  and  close  with,  dated 

the day  of 189 

,  Treasurer, 

and  tax  collector  of  district  named  above. 
In  case  no  one  bids  for  the  land,  it  shall  be  the  duty  of  the  Treas- 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.  209 
urer  to  purchase  the  same  for  the  district,  for  the  amount  of  tax  due 
and  commission  thereon,  and,  as  directed  in  4152,  shall  make  return 
to  the  County  Clerk,  and  to  the  Trustees,  who  will  give  him  credit 
therefor.  When  sold  for  taxes  to  individuals,  report  of  such  sale 
must  be  made  to  the  Clerk  as  provided  in  section  4162,  of  the 
Statutes.  For  further  information  on  this  subject  see  sections  4153, 
4154,  4159,  and  1682,  Kentucky  Statutes. 


(Form   No.    64.) 

Annual  Report  of  Treasurer  of  District  No 

County  of ,  Ky.,  to  the  Board  of  Trustees:* 

(Sections  78,  79,  80  and  99.) 

I.— LEVIES. 

Amount  levied  under  section  78,  as  shown  by  lists  made  up  from 

County  Assessor's  book,  and  from  railroad  assessment  in  County 

Clerk's  office: 
For  purchasing  site,  building,   repairing,  furnishing 

making  fence,  providing  water,  or  any  of  them   . .  $ 

For  meeting  old  debt  or  other  obligation 

Amount   levied   under  section  80  for  incidentals,   as 

shown  by  Trustee's  list   

Amount  levied  in  accordance  with  vote,  sections  94- 

99,  for  paying  teacher 

Additional  amount  by  reason  of  5  per  cent,  penalty 

on    delinquents  , 


Total     : $.. 

II.— COLLECTIONS   AND    DISBURSEMENTS. 

Received   on   list   made    up   from    County 
Assessor's  book,  Section  79   I 

Received  on  railroad  property 

Received   from**    : Total,  f . . 

Paid  out  as  per  orders  of  trustees  and  receipts  filed 
herewith    $ . . 


Balance  on  hand 


*A  duplicate  of  this  must  be  filed  with  the  County  Superintendent. 
14 


210         LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

Received  on  trustees'  list,  for  incidentals, 
see  Section  80 I 

Received  from** Total,  f 

Paid  out,  as  per  orders  of  trustees  and  receipts  filed 
herewith  •  $.  . 


Balance   on   hand    

Received  on  list  made  up  from  County  As- 
sessor's book,  Sees.  94-99 f 

Received  from**     .Total, 

Paid  out,  as  per  orders  of  trustees  and  receipts  filed 
herewith 


Balance  on   hand    $ 

Total  of  balances   f 

The  foregoing  is  a  true  statement  of  levies,  receipts  and  pay- 
ments, as  required  by  law. 

This day  of  . . ,  189.  .. 

,  District  Treasurer. 

"•'This  item  is  intended  to  cover  money  received  from  predecessor,  from  County 
Superintendent  when  this  officer  holds  in  trust  or  has  received  funds  for  the  district,  or 
from  trustees  who  have  sold  district  property,  etc. 


(Form  No.  65.) 

Petition  to  County  Court  to  Condemn  Land  for  School  Site.* 

(Section  77,  School  Law,  and  Chapter  117,  Sections  242,  247, 

Acts  of  1891,  '92,  '93.) 

State  of  Kentucky,  County  of 

,  189... 

TO  : | , 

Judge  of  the  County  Court: 

We,  the  undersigned,  Trustees  of  Common  School  District 
No ,  hereby  petition  your  court  to  appoint  three  com- 
missioners, in  accordance  with  Section  835,  Kentucky  Statutes, 
to  assess  damages  for  lands  herein  described,  which  we  require 
to  be  condemned  for  site  of  school-house  for  this  district,  being  un- 
able to  contract  with  the  owner  thereof  for  same.  It  is  not  used  as 
*This  is  to  be  filed  with  County  Clerk. 


LEGAL  FOEMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.       211 

a  residence,  orchard,  garden,  or  binding-ground,  by  the  owner  or 
other  person. 

The  land  sought  to  be  condemned  lies  in  this  county,  in  the 

district  aforesaid,  and  is  a  part  of  the  farm  of 

(here  state  whether  a  resident  or  non-resident;  if  a  woman, 
whether  married  or  single;  if  a  minor,  who  is  legal  guardian;  and 

in  any  case  whether  of  sound  mind.)     It  is  located  on  or  near 

(here  name  stream  or  public  highway,  if  any,  or  otherwise  desig- 
nate locality  with  such  definiteness  as  to  prevent  mistake),  and  is 
bounded  as  follows :  Beginning  at  ....  (here  insert  Surveyor's  de- 
scription. It  is  best  in  these  cases  to  have  regular  survey  and 

plot) and  contains (here  insert  one  acre,  or  fract- 

tion  thereof,  as  no  more  than  one- acre  can  be  condemned). 

,  Chairman. 


Board  of  Trustees. 


(Form  No.  66.) 
Form  of  Lease  of  School-House  and  Grounds. 

Know  all  men  by  these  presents,  that  I, , 

of ,  agree  to  let  and  rent  to  District  No. , 

in county,  a  house  or  building  in  said  district,  with 

about of  ground,  adjoining  lands  of , 

for  the  maintenance  of  common  school  in  said  district,  according  to 

law,  for  the  term  of ,  from  the 

day  of ,  at  the  annual  rental  of ,to 

be  paid  in payments;  the  directors  of  said  district 

to  have  the  right  to  remove  all  buildings  erected  and  fixtures  placed 
by  said  district  on  said  lot  during  said  term,  at  the  end  thereof;  and 
the  premises  to  be  surrendered  at  the  expiration  of  said  term,  in 
good  order,  casualties  excepted. 

Witness  our  hand,  this day  of 189 . . . 

Leaser, 

,  Chairman, 

,  Trustee, 

Trustee, 


212        LEGAL  FOKMS  FOE  SCHOOL  OFFICEKS,  TEACHERS,  ETC. 

(Form  No.  67.) 

Proposals  for  the  Erection  or  Repair  of  a  School  House. 
(Section  77.) 

School  District  No ,  County  of ,  Ky. 

To  Contractors  and  Builders: 

Notice  is  hereby  given  that  proposals  for  the  erection  (or  repair) 
of  a  school  house  in  the  aforesaid  district  will  be  received  by  the 
undersigned  at  his  home  (or  office),  (where  plans  and  specifications 

may  be  seen)  until  1  o'clock  p.  m.,  on  the day  of , 

189. .,  at  which  time  the  contract  will  be  awarded  to  the  lowest 
and  best  responsible  bidder. 

A  bond  will  be  required  for  the  performance  of  the  contract,  the 

Board  reserving  the  right  to  reject  any  or  all  bids.     This  the 

day  of ,189.... 

Signed, ,  Chairman. 


(Form  No.  68.) 

Contract  for  Building  a  School  House. 
(Section  77.) 

(Note. — In  building  a  school-house  it  is  all  important  to  secure  a 
plan  of  the  building,  with  full  specifications  as  to  its  dimensions, 
style  of  architecture,  number  and  size  of  the  windows  and  doors, 
quality  of  the  materials  to  be  used;  what  kind  of  roof;  number  of 
coats  of  paint;  of  what  material  the  foundation  shall  be  constructed; 
its  depth  below,  and  its  height  above  the  surface  of  the  ground; 
the  number  and  style  of  chimneys  and  flues ;  the  provisions  for  ven- 
tilation; the  number  of  coats  of  plastering  and  style  of  finish,  and  all 
other  items  in  detail  that  may  be  deemed  necessary.  The  plan  and 
specifications  should  be  attached  to  the  contract). 

Contract  made  and  entered  into  between ,  of 

the  county  of ,  State  of  Kentucky,  and  . . .  • , 

trustees  of  School  District  No ,  in  the  county  of , 

State  of  Kentucky. 

In  consideration  of  one  dollar  in  hand  paid,  the  receipt  whereof 
is  hereby  acknowledged,  and  of  the  further  sum  of dol- 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.       213 

lars,  to  be  paid  as  hereinafter  specified,  the  said agrees 

to  build  a  frame  school-house  and  to  furnish  the  materials  therefor, 
according  to  the  plans  and  specifications  for  the  erection  of  said 
house  hereto  appended  at  such  point  in  said  district  as  the  trustees 
may  designate.  The  said  house  is  to  be  built  of  the  best  material, 
in  a  substantial,  workmanlike  manner;  and  is  to  be  completed  and 
delivered  to  said  trustees,  or  their  successors  in  office,  free  from  any 

lien  for  work  done  or  materials  furnished,  by  the  . . . . day  of 

,  189 . . . ,  and  in  case  the  said  house  is  not  finished  in  the 

time  herein  prescribed,  the  said shall  forfeit 

and  pay  to  the  said  trustees,  or  their  successors  in  office,  for  the  use 

of  said  district,  the  sum  of dollars  and  shall  also  be  liable 

for  all  damages  that  may  result  to  said  district  in  consequence  of 
such  failure,  and  said  trustees  may  finish  the  building  and  charge 

the  cost  of  the  same  to  the  said 

The  said ,  trustees,  or  their  successors  in  office,  in  be- 
half of  said  district,  hereby  agree  to  pay  the  said the 

sum  of dollars  when  the  foundation  of  said  house  is 

finished;   and  the  further  sum  of    dollars  when   the 

building  is  ready  for  the  roof;  and  remaining  sum  of dol- 
lars when  the  said  house  is  finished  and  delivered,  as  herein  stipu- 
lated. 

It  is  further  agreed  that  this  contract  shall  not  be  sub-let,  trans- 
ferred or  assigned  without  the  consent  of  both  parties. 

Witness  our  hands  this day  of ,  189 

,  Contractor. 

Trustee, 

,  Trustee. 

. ,  Trustee. 


(Form  No.  69.) 

Bond  for  Performance  of  Contract. 
(Section  78.) 

School  District  No ,  County  of ,  Ky. 

Know  all  men  by  these  presents:     That  we, as 

principal,  and and as  sureties,  all 


214       LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

of  the  county  and  State  aforesaid  are  held  and  firmly  bound  unto 
,  and  con- 
stituting the  Board  of  Trustees  of  said  District  in  the  penal  sum 

of dollars,  ($ )  for  the  payment  of  which,  well  and  truly 

to  be  made,  we  bind  ourselves,  our  heirs,  administrators  and  as- 
signs, jointly,  severally,  and  firmly  by  these  presents. 

The  conditions  of  the  above  obligation  is  such  that,  whereas 

the  said has  this  day  entered  into  a  written 

contract  with  the  Board  of  Trustees  of  the  District,  above  written 
and  their  successors  in  office,  for  the  erection  and  completion  of  a 

school-house  in  and  for  said  district  by  the  . .  day  of ,  189. ., 

according  to  plans  and  specifications  for  the  construction  of  said 
house  appended  to  said  contract. 

Now,  therefore,  if  the  said contractor,  shall 

faithfully  and  fully  comply  with  all  the  stipulations  of  said  con- 
tract, then  this  obligation  shall  be  void,  otherwise  remain  in  full 
force  and  virtue  in  law. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names, 
this day  of ,  189. .. 

,  Principal. 

,  Surety. 

,  Surety. 

,  Surety. 


(Form  No.  70.) 

Appeal  to  County  Superintendent  from  Action  of  Trustees  in  Locating 

School-House. 

(Section  77.) 

District  No  .......  ,  County  of  ............  Ky., 

.....  .  .............    189.... 


............................  , 

County  Superintendent  of  Common  Schools: 

We,  the  undersigned,  constituting  a  majority  of  the  school  elec- 
tors in  District  No  .......  ,  respectfully  appeal  to  you  from  the  ac- 

tion of  our  Board  of  Trustees   in  the  matter  of   choosing  site  for 
school-house  to  be  erected.     The  location   is   undesirable  because 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.        215 

(here  set  out  all  that  can  truthfully  be  alleged  as  to  its  unfitness, 
and  indicate  a  more  suitable  position).  We  ask  an  immediate  in- 
vestigation, and  pray  that  the  said  action  be  set  aside  and  the  Board 
required  to' choose  another  site. 

(Here  must  follow  the  signatures  of  at  least  a  majority  of  all 
electors  resident  in  the  district  at  the  time  of  making  appeal.) 


(Form  No.  71.) 

Notice  to  Trustees  that  an  Appeal  has  been  Taken. 
(Section  77.) 

State  of  Kentucky,  | 

County  of  ................     f 

Office  of  the  Superintendent  of  Common  Schools, 
................  '..   Ky.,   ..................   189... 

To  A   B,  C  D,  and  E  F,  Trustees  of  District  No  ........  : 

You  are  hereby  notified  that  an  appeal  has  been  filed  with  me 
controverting  the  wisdom  and  propriety  of  your  location  of  the  site 
for  the  school-house  of  your  district.    The  ......  day  of  ..........  , 

189  .  .  .  ,  at  9  o'clock  a.  m.,  at*  the  proposed  site  of  your  school-house, 
has  been  fixed  as  the  time  and  place  for  hearing  all  parties  in  interest 
concerning  the  matters  in  controversy. 


*Other  place  may  be  fixed  for  the  hearing. 


(Form  No.  72.) 

Oath  of  Office  of  Trustee. 

(Sections  72,  74,  and  others.) 

State  of  Kentucky,  County  of ,  to-wit :  I  do  sol- 
emnly swear  that  I  will  support  the  Constitution  of  the  United 
States,  and  the  Constitution  and  laws  of  this  State,  and  that  I  will 
honestly  and  faithfully  discharge  the  duties  of  the  office  of  trustee 

for  School  District  No to  the  best   of  my  knowledge  and 

skill,  so  help  me  God. 

Signed    

Subscribed  and  sworn  to  before  me,  this  the day  of , 

189.... 

Signed, Justice  of  the  Peace 

For  .    County. 


216        LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

(Form  No.  73.) 

Certificate  of  a  Justice  of  the  Peace  or  Other  Officer  that  a  Trustee- 
elect  has  Qualified  Before  Him 

(Sections  72,  73,  and  74.) 

To 

Superintendent  of  Common  Schools, Co. : 

This  certifies  that presented  me  this  day  a  cer- 
tificate of  his,  election  as  trustee  in  District  No ,  this  county, 

signed  by .,  Judge  of  the  election  held  June , 

189. . .,  and  that  thereupon  I  administered  to  him  the  oath  of  office 
in  due  form. 

Dated  i ,189.... 


Justice  of  the  Peace.* 
County,  Ky. 

*Or  other  officer,  as  the  case  may  be. 


(Form  No.  74.) 

Charges  Against  Trustees  by  School  Patron. 
(Sections  20,  55,  72  to  92,  135  and  136.) 

Ky., 189... 

To , 

Superintendent  of  Common  Schools, 

County. 

We,  the  undersigned,  being  patrons  of  School  District  No , 

this  county,  do  hereby  charge ,  Trustee*  in  the  afore- 
said district,  with  ........  (here  insert  misfeasance,  malfeasance, 

neglect  of  duty  or  immoral  conduct,  all  or  singular,  as  the  case  may 

be) specifically  in  this :    That (here  set  out  such 

acts,  omissions,  &c.,  as  constitute  ground  for  these  charges) , 

and  we  pray  an  investigation  looking  to  relief  for  our  district. 
Witness  our  signatures: 


*More  than  one  can  be  included  in  the  report  if  they  have  acted  jointly,  and  are 
amenable  to  the  same  charge. 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.       217 

(Form  No.  75.) 

Cliarge  Against  Teacher  by  a  School  Patron  (or  Patrons.) 
(Sections  51,  55,  61,  63,  64,  81,  83,  88,  133,  134,  135  and  136.) 

,'Ky., ,189.... 

To , 

Supt.  of  Common  Schools, County: 

The  affiant,  a  resident  and  school  patron  in  District  No , 

County,  states  that was  employed 

to  teach  the  public  school  in  this  district  for  the  year  ending  June 

30th,  189 . . . ;  that  he  began  the  school  on  the day  of 

,  189 . .  .  f  and  has  had  continuous  charge  of  it 

since  that  time;  but  the  said  school  has  not  been  kept  in  conformity 
to  law  and  the  interests  of  the  pupil  children,  because  of  his  (here 
insert  incompetency,  neglect  of  duty,  immorality,  or  other  disquali- 
fications, as  the  case  may  be,  all  or  singular.) 

Specifications:     (Here    set  out  definitely  acts  and  omissions, 
known  to  the  affiant,  which  are  held  to  disqualify.) 

The  affiant  says  that  the  said should  be 

removed  from  longer  teaching  the  school  in  the  district  aforesaid. 


Subscribed  and  sworn  to  before  me,  this day  of 

,189.... 

,  S.  C.  S. 

Names  of  witnesses : 

*Give  post-office  of  affiant  or  affiants. 


(Form  No.  76.) 

Attendance  Notice. 

(Sections  158  to  163.) 

School  District  No ,  County  of ,  Ky. 

To...., , 

You  are  hereby  warned  to  appear  before  the  Board  of  Trustees 
at  the  school  house  of  our  district,  next  Saturday  at  9  a.  m.;  and 
show  cause  why  you  should  not  be  prosecuted  for  violation  of  law 


218       LEGAL  FORMS  FOK  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

in  having  a  child  in  your  care,  not  attending  school,  as  charged  by 

,  or  failing  to  answer,  the   offense  will   be 

taken  as   confessed,  and  you  will  be    proceeded  against  as  the 
law  directs. 

Dated,  the day  of ,189 

Pres.  or  Chairman. 

Board  of  Education. 

NOTE. — Trustees  will  please  to  note  the  law  in  sections  above ;  and  may  use  the  above 
form  in  warning  offenders ;  and  following  this,  proceed  as  the  law  directs. 


(Form  No.  77.) 

(Section  78.) 
Note  Executed  by  Trustees. 


State  of  Kentucky, 

County  of 

School  District  No. 


months  after  date  the  School  Board  of  Trustees 

in  and  for  the  above  named  district,  promise  to  pay 

Dollars  (f )  with  legal  interest  from  date 

till  paid. 

This  note  is  executed  for  (.  .money  borrowed)  by  said  Board  for 
the  purpose  of  (here  state  for  building,  furnishing  or  repairing,  etc.) 
the  school  house  of  said  district,  as  authorized  by  section  78,*  School 
Laws,  and  is  intended  to  bind  the  said  District  for  said  debt,  and  not 
the  trustees  personally.  It  has  been  authorized  by  the  Board  in  its 
corporate  capacity  as  indicated  by  the  minutes  of  same,  at  a  meet- 
ing of  same,  duly  called,  dated  the day  of , 

189 ....  Witness  our  signatures. 

Dated  the day  of ,189 

,  Chairman, 

/Trustee, 

,  Trustee. 

*  We  have  to  advise  that  Trustees  never  write  "or  Order"  after  the  name  of  the 
payee,  as  that  makes  the  note  negotiable  and  prevents  fraud  from  being  pleaded  against 
the  payment  of  the  note. 


LEGAL  FORMS  FOB  SCHOOL  OFFICERS,  TEACHERS,  ETC.       219 

(Form  No.  80.) 

Notice  to  Trustees  that  a  Pupil  Has  been  Suspended. 
(Sections  5,  83  and  136.) 

School-House  of  District  No , 

County  of ,  Ky., ,  189. . . 

To , 

Chairman  Board  of  Trustees. 
Sir: — I   have  to  notify   you,  in   accordance   with  Section   136, 

School  Law,  that  I  have  this  day  suspended from 

the  privileges  of  the  school  "because  of  (here  insert  willful  disobe- 
dience, defiance  of  authority,  habitual  profanity,  disorderly  conduct, 
or  whatever  other  gross  violation  of  propriety  or  law,  all  or  singular, 
as  the  case  may  be)  pending  the  investigation  of  the  matter  by  your 
Board. 

Respectfully, 

,  Teacher. 


(Form  No.  81.) 

Teachers'  Inventory  of  Furniture  and  Apparatus. 
(Section  78.) 

District  No County,  Ky., 

,  189... 

To  , 

Chairman  Board  of  Trustees: 

Your  public  school  being  now  closed  for  the  current  year,  I 
submit  to  you,  as  the  law  requires,  the  following  inventory  of 
furniture  and  apparatus  left  in  the  school-house  when  I  relin- 
quished charge  of  it:* 


220         LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC 


ARTICLE. 


KIND. 


CONDITION. 


1  Teacher's  desk 

1  Teacher's  chair . 

40  Double  writing  desks  and  seats 

for  pupils 

10  Single  writing  desks  and  seats  for 

pupils . 

1  Blackboard,  detached,  thirty 

square  feet 

1  Blackboard,  part  of  wall,  twenty 

feet 

1  Water  stand 

1  Call  bell 

1  Class  bell 

1  Terrestrial  globe 

1  Wall  map  of  the  world 

1  Wall  Map  of  the  United  States  .  . 

1  Wall  Map  of  Kentucky 

1  Set  of  illustrated  charts  ( state 

whether  on  stand  or  in  case).  . 


Patent. 
Ordinary. 

Patent. 
Patent. 
Ordinary, 

Slated  Surface. 
Ordinary. 
For  hand  use. 

Half  meridian,  12-inch. 


Almost  new. 
Good. 

Old  and  rickety. 
New  and  good. 
Good. 

Cracked. 
Good. 
Cracked. 
Good- 
New  and  Good. 
Old  and  worn. 
Good. 
Much  worn. 

New  and  good. 


Given  under  my  hand,  date  above  written. 


Teacher. 


*This  list  is  of  course  intended  only  as  a  suggestive  form,  to  be  varied  by  the  Teacher 
to  include  what  he  had  for  use,  its  condition  at  close  of  term,  etc.  Though  the  law 
is  silent  on  that  point,  other  movables  may  judiciously  be  listed. 


(Form  No.  82.) 

Petition  to  County  Judge  for  a  Graded  Common  School. 
(Sections  100-130,  inclusive,  of  School  Laws.) 

Ky., 189... 

To , 

Judge  of  the  County  Court  of : 

Sir: — We,  the  undersigned  petitioners,  being  legal  voters  and 
tax  payers  in  the  bounds  hereinafter  set  forth,  respectively  petition 
that  you  order  an  election,  to  take  the  sense  of  the  legal  white  vot- 
ers as  to  whether  a  Graded  Common  School  shall  be  established 
and  maintained,  by  the  levy  and  collection  for  that  purpose,  of  a  tax 
of cents  on  each  One  Hundred  Dollars'  worth  of  prop- 
erty in  said  district,  owned  by  white  persons  and  by  corporations  and 

a  poll    tax  of     $ on    each    white    inhabitant    therein    over 

twenty-one  years  old,  under  sections  100  and  following  of  the  Com- 
mon School  Laws;  the  said  district  to  be  bounded  as  follows:  viz., 
Beginning  at 

to  the  beginning. 

We  further   represent,  that   the  following   boundary  embraces 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.        221 

Common  School  District  No and  parts  of  Nos 

and  this  petition  has  the  approval  of  a  majority  of  the  trustees  of 
each  of  said  districts  and  also  of  the  County  Superintendent  of 
schools. 

We  designate 

* as  the  site  of  the  building  for  the 

proposed  Graded  Common  School,  and  certify  that  said  site  is  not 
more  than  two  and  one-half  miles  from  any  portion  of  the  bound- 
ary of  the  proposed  district. 

We  respectfully  subscribe  ourselves  your  petitioners  as  set  out 
above,  this day  of ,  189 

NAMES  OF  PETITIONERS.     -                              NAMES  OF  PETITIONERS. 
1 11 

2 12 

3 13 

4 14 

5. 15. 

6.   16 

7 17 

8 18 

9 19 

10 20 , 

APPROVAL    BY    THE    COUNTY    SUPERINTENDENT    AND 

TRUSTEES. 

The  foregoing  proposition,  as  contained  in  the  above  petition 
to  establish  a  Graded  Common  School  District,  is  hereby  approved. 

,  S.  C.  S. 

For County. 

We,  the  undersigned,  being  legal  trustees  of  Common  School 
Districts  are  indicated  below,  which  or  parts  of  which,  are  included 
within  the  proposed  Graded  Common  School  District,  do  hereby 
prove  the  foregoing  petition  and  the  proposition  therein  set  forth. 

,  Trustee  District  No 

,  Trustee  District  No 

,  Trustee  District  No 

,  Trustee  District  No 

,  Trustee  District  No 

,  Trustee  District  No 

NOTE. — This  must  be  filed  with  the  County  Judge,  after  it  has  been  perfected,,  on 
a  regular  County  Court  day,  and  an  order  made  by  the  Judge  in  open  court  noting 
that  it  was  filed.  It  then  lies  over  till  the  next  following  court,  before  the  Judge  can 
make  an  order  for  an  election. — Appellate  Court  Decision. 


222        LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

(Form  No.  83.) 

Order  of  County  Judge  Filing  a  Petition  for  Graded  School. 
(Section  100  Common  School  Law  and  Court  Decisions.) 

State  of  Kentucky,  \ 

(.    ss. 
County  of ) 

At  a  regular  term  of  the  County  Court  of  this  county,  held  on 

the Monday  of ,  189 . . ,  the  petition  of  ten  citizens, 

tax  payers,  and  legal  voters  of  this  county  and  of mag- 
isterial district  therein,  was  filed  in  open  court,  asking  that  an  elec- 
tion be  held  for  the  purpose  of  taking  the  sense  of  the  voters  within 
certain  boundaries  set  out  therein,  as  to  whether  a  Graded  Com- 
mon School  District  shall  be  established. 

The  same  will  lie  over  one  month  for  exceptions. 

This day  of 189 ... 

..P.  J.  C.  C. 


(Form  No.  84.) 
(Section  100.) 

The  County  Judge's  Order  for  the  Election  After  the  Filing  of  the 
Petition  for  a  Graded  Common  School  District. 

At  a  regular  Term  of  this  Court,  held  on  the day  of 

189 . . ,  it  appearing  that  a  petition  signed  by 

(1) ...,(2) ,(3) , 

W ,(5) ,  (6) , 

(?) ,(8) ,  (9) , 

(10) ,and  others,  was  filed  with  the  County  Judge,  at 

the  last  regular  Term  of  this  Court,  asking  that  a  Graded  Common 
School  District  be  organized,  with  its  boundary  as  follows,  viz: 

Beginning  at 

and  that  the  site  for  the  school-house  of  said  proposed  District  be 

,  which  site  is 

certified  to  be  not  exceeding  two  and  one-half  miles  from  any  part 
of  the  boundary  of  the  said  proposed  district;  and  it  appearing 
also  that  said  petitioners  are  tax  payers,  legal  voters  and  residents 


LEGAL  FOKMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.       223 

of  the  proposed  Graded  Common  School  District  and  of 

Justice's  District  of  this  county;  and  it  further  appearing  that  the 
County  Superintendent  has  endorsed  on  said  petition,  his  approval 
of  same;  and  that  a  majority  of  the  Trustees  of  each  Common 
School  District  that  will  be  embraced  within  said  proposed  Graded 
Common  School  District  in  whole  or  in  part,  have  endorsed  their 
approval  on  said  petition,  as  provided  by  law;  and  the  Court  being 

sufficiently  advised,  orders  that ,  the  Sheriff  of 

this  county  be,  and  is  hereby,  directed  to  cause  a  poll  to  be  opened 

and  an  election  to  be  held   at ,  on  the day 

of ,  189 . . . ,  the  same  being  40  days  or  more 

after  the  entry  of  this  order,  for  the  purpose  of  taking  the  sense  of 
the  legal  white  voters  residing  within  the  boundary  of  the  said 
proposed  Graded  Common  School  District,  whether  there  shall  be 

levied  and  collected  an  annual  tax  of cents  on  each  one 

hundred   dollars  of  property   value  therein,  subject   to   State   or 

county  taxation,  owned  by  white  persons,  and  f of  poll-tax 

on  each  white  male  inhabitant  of  said  proposed  Graded  Common 
School  District  over  twenty-one  years  of  age,  for  the  purpose  of 
establishing  and  maintaining  a  Graded  Common  School  therein  as 
provided  in  sections  100  to  130  of  the  Common  School  Law. 

The  officers  of  said  election  will  also  cause  the  legal  voters  of 
said  proposed  Graded  Common  School  District  to  vote  for  six  per- 
sons to  be  Trustees  of  same,  in  case  said  tax  shall  be  approved. 

The  officers  of  said  election  will  make  return,  in  due  form,  of  the 
result  of  same,  at  the  earliest  day  practicable. 

Judge County  Court. 


NOTE  1. — The  County  Clerk  must  give  a  copy  of  the  order  for  an  election  to  the 
sheriff  of  the  county  within  ten  days  after  the  same  was  entered  by  the  Judge. 


(Form  No.  85.) 
(Section  102.) 

The  Sheriff,  within  ten  days  after  receiving  said  order,  and  at 
least  twenty  days  before  the  election  shall  have  said  order  published 
in  some  daily  or  weekly  paper  of  the  county  for  twenty  days;  and 
also  notices  of  the  election  must  be  advertised  in  written  or  printed 


224        LEGAL  FOKMS  FOB  SCHOOL  OFFICERS,  TEACHEKS,  ETC. 

hand-bills  posted  at  five  conspicuous  places  in  the  proposed  district. 
If  no  paper  is  published  in  the  county,  the  hand-bills  will  be  suffic- 
ient. To  avoid  all  questions  of  controversy,  it  will  be  expedient 
to  print  on  the  hand-bills  the  entire  order  of  the  county  judge  di- 
recting the  Sheriff  to  hold  the  election. 

Then  under  said  order  and  on  the  same  paper  the  following  no- 
tice should  be  printed  and  signed: 

Notice  is  hereby  given  that  in  obedience  to  the  above  order  of 

the  County  Court  of county,  I  will  hold  an  election  at 

the  time  and  place  indicated,  from  7  o'clock,  a.  m.  till  .4,  p.  m..,  for 
the  purposes  set  out  in  said  order.  Those  who  may  vote,  are  all 
white  males  over  twenty-one  years  old,  who  have  been  residents  of 
the  proposed  Graded  Common  School  District  for  sixty  days,  and 
in  the  county  for  six  months,  and  in  the  State  one  year,  preceding 
the  day  of  said  election.  (See  section,  page  107,  Acts  1891-2-3.) 

Dated,  the day  of ,  189. .. 

Signed ,  Sheriff  of 

County. 

NOTE. — On  the  day  of  election  or  before,  the  sheriff  will  appoint  a  judge  and  a  clerk 
of  election,  who  must  be  sworn  by  some  one  authorized -to  administer  oaths,  faithfully 
to  perform  the  duties  of  their  office  in  holding  said  election. 


(Form  No.  87.) 

Order  of  County  Judge  Declaring  a  Graded  Common  School  District 

Established. 

(Section  104.) 

State  of  Kentucky, 

(.    set. 
County  of I 

At  a  called  term  of  this  court,  this  day  held,  it  was  entered  of 
record,  in  the  matter  of  the  election  for  a  Graded  Common  School 

District,  ordered  by  this  court  on  the  ....   day  of  . . , 

189. .,  that  same  was  duly  held  at  the  time  and  place  set  out  in 

said  order,  by Judge,  and , 

Clerk,  who  were  duly  appointed  and  qualified  by  the  sheriff  for 
the  purpose. 

It  is  shown  by  the  duly  certified  returns  of  said  election  officers, 
who  constituted  the  examining  board  to  ascertain  and  make  report 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.       225 

of  the  result  of  said  election,  to  this  court,  that votes  were 

cast  at  said  election  for  the  tax,  and votes  were  cast  against 

the  same.  Now  in  consideration  of  the  premises,  it  is  adjudged 
by  this  court  to  be  lawful  for  the  trustees  of  said  Graded  Common 

School  District  No ,  of  this  county,  to  levy  and  have  collected 

an  annual  tax  of  not  exceeding  fifty  cents  on  each  one  hundred 
dollars  of  the  property  of  white  persons  and  of  corporations  resi- 
dent of  said  Graded  School  District  which  is  subject  to  State  or 
county  taxation,  and  also  a  poll  tax  of  $. . . .  on  each  white  male 
inhabitant  of  said  district  over  twenty-one  years  of  age,  all  for  the 
purpose  of  establishing  and  maintaining  a  Graded  Common  School 
therein,  as  provided  in  sections  100  to  130  inclusive  of  School  Law. 

It  was  further  certified  to  this  court  by  said  election  officers  and 

same  is  now  entered  of  record^that (1) 

(2) (3) (4) 

(5)  an,d (6),  received 

the  highest  number  of  votes  for  Trustees,  and  are  hereby  declared 
elected  Trustees  of  said  Graded  Common  School  District,  and 
they,  with  the  County  Superintendent,  are  directed  to  organize  a 
School  Board  for  the  control  and  management  of  said  District  in  ac- 
cordance with  section  104  of  the  Common  School  Law. 

All  of  which  is  certified  by  this  court,  this  ....  day  of 

,189... 

Signed ,  Judge 

County  Court. 

NOTE — At  as  early  a  day  as  practicable,  alter  the  foregoing  order  of  the  County 
Judge  has  been  made,  the  County  Superintendent  should  call  a  meeting  of  the  trustees 
elected  and  preside  at  the  meeting  till  a  President  of  the  Board  has  been  chosen  by  the 
members  thereof,  giving  a  deciding  vote  in  case  of  a  tie. 


(Form  No.  88.) 

Notice  to  Trustee-elect  of  Graded  School  to  Organize 
(Section  104.) 

Office  of  Superintendent  of  Common  Schools, 

Ky 180... 

To t. :.  v. , 

You  will  take  notice  that  in  the  matter  of  the   

Graded  Common  School  District  No ,  the  County  Judge  of 

County  has  adjudged  the  said 

15 


226       LEGAL  FORMS  FOK  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

Graded  Common  School  District  to  have  been  established  by  the  re- 
cent election,  and  that  the  tax  of on  each  $100  of  property 

therein  may  be  levied  and  collected  for  school  purposes,  and  that 
you  were  duly  elected  a  trustee  thereof.     Please  to  meet  me  and  the 

other  trustees-elect  at on  the day 

of ,  189. .,  at  1  p.  m.,  to  organize  the  Board  of  Trus- 
tees of  said  district  and  take  such  other  action  as  may  be  lawful 

and  expedient. 

,  S.  0.  S. 


(Form  No.  90.) 

Certificate  of  Election  of  County  Superintendent- 
(Section  39.) 

To  the  Superintendent  of  Public  Instruction, 
Sir: 

We, ,  Presiding  Judge, , 

Clerk  of  the  County  Court,  and ,  Sheriff,  duly 

authorized  to  compare  the  poll-books  for  the  county  of 

,  do  certify  that  at  an  election  held  in  said  county,  on  the 

day  of ,  189 . . , 

was  duly  elected  to  fill  the  office  of  Common  School  Superintendent 
in  and  for  this  county  for  the  term  beginning  January  1,  189 .  . . 

...P.  J C.  C. 

,  C., C.  C. 

.,S.,  ..C. 


(Form  No.  91.) 

Certificate  to  Superintendent  of  Public  Instruction  that  a  Person  has 
been  Appointed  to  Vacancy  in  the  Office  of  County  Superintendent. 

(Section  58.) 

Commonwealth  of  Kentucky, 

County. 

To , 

Superintendent  of  Public  Instruction: 
This  certifies  that was  appointed  Superin- 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.       227 

tendent  of  Common  Schools  for county,  by  the  County 

Judge  of  said  county,  on  the day  of ,  189 . . . , 

to  fill  the  vacancy  caused  by  (here  insert  the  death,  resignation  or 

removal,  as  the  case  may  be),  of until  the  regular 

election  of  189 . . . ,  and  till  his  successor  is  duly  elected  and  quali- 
fied in  pursuance  of  law.  The  said  holds  a  certifi- 
cate of  eligibility  of  date ,  189 . . . ,  in  accordance 

with  section  37,  School  Law. 

Given  under  my  hand  this day  of ,  189. . 


Clerk  of  the  County  Court. 


(Form  No.  93.) 

Statement  of  Examiners  of  Applicants  for  Certificate  of  Eligibility  to 
be  County  Superintendent. 

(Section  37,  School  Law.) 

State  of  Kentucky,  \ 

I  set. 

County  of ) 

To  the  State  Board  of  Examiners : 

The  undersigned,  being  duly  sworn,  state  that  the  examination 

of   ,  whose  papers  and  fee  accompany 

this,  was  conducted  by  us  in  strict  accordance  with  the  provisions 
of  section  37,  School  Law  of  Kentucky,  as  laid  down  for  both  Ex- 
amining Board  and  applicants,  and  that  he*  received  no  assistance 
either  directly  or  indirectly.  He*  does  not  reside  within  a  city  of 
the  First  Class;  he*  will-  be  twenty-four  years  of  age  before  the 
first  of  next  January;  he*  will  have  resided  in  this  State  two  years 
next  preceding  the  next  November  election,  and  one  year  in  this 
county;  and  he*  is  possessed  of  good  moral  character  and  of  abil- 
ity to  manage  the  Common  School  interests  of  the  county  effici- 
ently. 

,  Judge  of  the  County  Court. 

Clerk  of  the  County  Court 

Examiner  selected  by  them. 

;*  Or  she  as  the  case  may  be. 


228      LEGAL  FOKMS  FOK  SCHOOL  OFFICERS,  TEACHERS,  ETC. 

(Form  No.  95.) 

Order  of  County  Judge  Appointing  Commission  to  Condemn  Land  for 

School  Site. 

(Section  835  Kentucky  Statutes.) 

State  of  Kentucky,  \ 

set. 
County  of ) 

At  a term  of  this  court  ,  189. .,  it 

appearing  that ,  and ,  Trustees  of  Com- 
mon School  District  No ,  of  this  county,  have  filed  in  proper 

form  a  petition  asking  that  the  land  therein  described  shall  be 
condemned  for  site  for  a  school  house  for  said  district,  and  it 
further  appearing  that  said  land  may  properly  be  condemned  for 
said  purpose : 

Now,  therefore, ,  ,  and , 

each  of  whom  is  an  impartial  housekeeper  and  land-owner  in  this 
county,  are  hereby  appointed  commissioners  of  this  court,  who  be- 
ing duly  sworn,  will  proceed  to  assess  damages  to  the  owner  of  said 
land  in  consequence  of  taking  same  for  school  site,  as  provided  in 
section  77,  School  Law,  and  Chapter  171,  Section  243,  Acts  of  1891- 
'92->93. 

The  land  for  which  damages  are  to  be  assessed  lies  in  this 

county,  and  is  part  of  the  farm  of ,  (here  state 

whether  resident  or  non-resident,  and  give  legal  status  of  owner); 

is  situated  on  or  near ;  and  is  bounded  as  follows : 

(here  insert  description  as  contained  in  petition)  and  contains 
acres. 

Said  commissioners  will  file  in  writing  with  the  Clerk  of  this 
Court  due  report  of  their  findings. 


Judge     County  Court. 


LEGAL  FORMS  FOK  SCHOOL  OFFICERS,  TEACHERS,  ETa       229 

(Form  No.  96.) 

Report  of  Commissioners  to  Assess  Damages  to  Land  to  be  Condemned 

for  School  Site. 

State  of  Kentucky,  \ 

;  v  set. 

County  of ' 

To , 

Judge  of  the  County  Court: 

The  undersigned  commissioners,  , 

and ,  being  duly  appointed  by  the , 

County  Court  to  assess  damages  in  favor  of , 

for  about  one  acre  of  land  that  is  sought  to  be  taken  for  the  site 

of  a  school-house  for  District  No ,  and  being  duly  sworn,  have 

viewed  the  land  in  question  and  considered  all  matters  as  required 
in  Chap.  171,  Sec.  243,  Acts  of  1891-'92-'93,  and  we  find  damages 

in  favor  of  the  owner,  ,  for  the  taking  of 

said  land  as  set  out  in  the  order  of  our  appointment,  in  the  sum 

of  (| ) dollars. 

Kespectfully  submitted, 


Commissioners. 


*  When  this  is  filed  with  the  County  Clerk  he  will  issue  summons  to  the.  owner  of 
the  land  to  show  cause  why  the  report  should  not  be  confirmed,  or  warning  order,  as 
the  case  may  be. 


INDEX  TO  GENERAL  SCHOOL  LAW. 


(Note. — Reference  is  made  to  sections,  not  to  pages.) 

Sections. 

ADVERTISEMENT  of  election  for  Trustees  and  Tax 72 

Of  Taxes  assessed  and  when  to  pay 79,  80 

APPEALS— 

When  allowed,  may  be  by  interested  persons 56 

To  State  Board  from  Superintendent  of  Public  Instruction 34 

To  Superintendent  of  Public  Instruction  from  Gouty  Superintendent . .  56 

To  County  Superintendent  from  location  of  school-house  is  final 77 

To  County  Superintendent  on  suspension  of  pupil  is  final 136 

To  Circuit  Court  when  County  Superintendent  is  removed. 58 

Prom  decision  of  Circuit  to  Appellate  Court 58 

APPOINTMENT— 

Of  County  Examiners 60 

Of  Trustees   74 

Of  County  Superintendent 58 

Of  State  Board  of  Examiners 24 

APPRAISERS— 

To  condemn  site  for  school-house  77 

ATTORNEY  GENERAL— 

Opinion  of  may  be  asked  34 

Decisions  of,  to  be  published  33 

Is  part  of  State  Board  15 

AUDITOR— 

Must  allow  no  more  expended  by,  etc 11 

Distributes  fund  on  warrant  of  Superintendent  of  Public  Instruction ...  14 

Furnishes  data  for  pro  rata  13 

Keeps  account  of  School  Fund   11 

Makes  transfers  monthly  11 

BEQUESTS— 

To  State  Fund,  who  cares  for 152,  35 

To  County  School  Fund,  who  cares  for 50,  152 

BOARD  OF  EXAMINERS— (See  State  Board  of  Examiners.) 

BOARD  OF  TRUSTEES— (See  Trustees.) 

BONDS— 

May  be  issued  by  Graded  School  Districts  when 117 

May  be  issued  by  Common  School  when 78 

Interest  on,  limited  to  6  per  cent,  or  less 127 

Executed  by  book-publishers  62 

Copy  of,  to  be  kept  by  County  Superintendents 62 

To  be  filed  in  office  of  Superintendent  of  Public  Instruction  .  .  62 


INDEX  TO  GENERAL  SCHOOL  LA  AN  .  2?1 

Sections. 

BOOKS— 

For  County  Library  controlled  by  Trustees  149 

Adoption  of  by  County  Board  61 

For  District  Library,  how  procured,  etc 150,  151 

For  indigent  pupils    43 

No  change  for  five  years    after  adoption 61 

Publishers  of,  execute  bond 61 

To  be  sold  at  stated  price   62 

When  adopted  for  county  to  be  used  61 

BLANK  FORMS— 

Furnished  by  Superintendent  of  Public  Instruction 30 

BIENNIAL  REPORT- 
TO  each  Legislature  27 

Edition  of  Laws  to  be  edited 31 

BRIBERY— 

Who  deemed  guilty   „. 88 

BUILDING— (See  School-house.) 

BOUNDARIES  OF  DISTRICTS— 

To  be  kept  by  County  Superintendent 67 

Furnished  to  Trustees  67 

May  be  changed  by  County  Superintendent   66 

Only  before  April  1st 41 

Only  on  notices  given 65 

CERTIFICATES   TO  TEACH— 

Granted  by  County  Board 63 

Granted  only  to  moral  persons 64 

Not  issued  on  day  of  examination 63 

Granted  by  State  Board  of  Examination 133 

CHARITABLE  INSTITUTIONS— 

Superintendent  of  Public  Instruction  shall  set  out  object  of,  etc 28 

Their  Superintendent  shall  furnish  to  Superintendent  of  Public  In- 
struction,  etc 28 

CHILDREN— 

Trustees  to  report  those  at  school 86 

Trustees  to  report  census  of  in  April 42,  85,  153 

Trustees  to  suspend  Teacher  when  less  than  25  per  cent 83 

Trustees  to  look  after  non-attendance 82 

Trustees  to  supply  books  to  the  poor 43,  82 

Adequate  schools  for  teaching,  may  make  the  city,  etc 70 

Attendance  of  to  be  kept  by  Teacher 134 

May  be  suspended  from  School  by  Teacher 136 

Not  less  than  45  to  be  in  a  district 66 

Of  adjoining  Districts  may  be  taught  in  either 69 

Of  fraudulently  reported,  etc 46 

Number  of,  and  per  capita  13 

Must  comply  with  regulations  at  school 5 

CLAIMS— 

For  State  funds  due  in  Oct.,  Nov.,  Dec.  and  Jan 14 

For  Teachers  to  be  paid  on  second  Saturday  of  month 45 

Of  any  Teacher  may  not  be  bought  by  County  Superintendent 54 

Of  any  Teacher,  may  not  be  bought  by  a  Trustee 88 

CLERK— (See  County  Clerk.) 


232  INDEX  TO  GENERAL  SCHOOL  LAW. 

Sections. 

COLORED  SCHOOLS— 

Annual  Census  reported  153,  85,  42 

Districts  numbered  with  letters 153. 

Donations  for,  must  be  used  for,  as  donor  directs 152 

Institute  to  be  organized  for  Teachers,  in   155,  137 

Kept  separate  from  white  schools 154 

Trustees  for,  elected  as  white 154,   72 

Taxes,  for,  levied  on  property  of  colored  people 154 

COMMON  SCHOOLS— 

Defined     2 

COMPULSORY  ATTENDANCE— 

Ages  embraced  from  7  to  14 158 

Consecutive  attendance  8  weeks 158 

Inoperative  when  child  has  finished  studies,  etc 158 

Kind  of  school  to  be  attended,  public  or  private,  etc 158 

Penalty,  how  recovered,  inures  to  whom,  etc 162 

For  false  statements,  to  avoid 161 

Prosecution  for  non-attendance,  by  whom 160 

Prosecution,  when  malicious,  etc 163 

Tax-payers'  part  in  enforcing  the  law 160 

Time  of  attendance  annually  158 

White  children  not  to  attend  Colored  School  and  vice  versa 164 

CONSTITUTION— 

Requires  a  uniform  system  of  1 

CONTRACTS— 

With  Teachers  must  be  written,  etc 81 

For  school-house,  etc 77,  78 

CORPORATIONS— 

Districts    are    75 

State  Board  of  Education  is 15 

COUNTY  ATTORNEY— 

Duty  to  prosecute  for,  etc 32 

Shall  act  for  Trustees,  when  78 

COUNTY  CLERK— 

Incompatible  with  County  Superintendent 38 

Shall  certify  annual  settlement,  etc 47 

Shall  file  census  report  of  Trustees 85 

Shall  file  affidavits  of  examiners   60 

Shall  file  census  and  reports  of  cities,  etc 70 

Must  give  Sheriff  copy  of  order  for  Graded  School 101 

Must  give  County  Superintendent  copy  of  order  for  Graded  School 104 

Must  give  sworn  statement  of  examination,  etc 37 

Must  notify  Superintendent  of  Public  Instruction  of  election  of  County 

Superintendent     39 

Certify  to  the  correctness  of  the  census  of  County  Superintendent 42 

Fees  of  to  be  paid  out  of  County  Levy 12 

Receives  office  record  of  County  Superintendent  in  certain  cases 59 

COUNTY  JUDGE— 

Must  purchase  books  for  poor  children 43 

Must  make  annual  settlement  with  County  Superintendent 47 

May  remove  County  Superintendent,  when 58 

Must  give  sworn  statement  as  to  examination,  etc 37 


INDEX  TO  GENERAL  SCHOOL  LAW.  233 

COUNTY  JUDGE— Continued. 

Must  make  orders  for  Graded  Schools 101 ,  104 

Must  notify  Superintendent  Public  Instruction  of  vacancy,  etc 58 

Fees  of,  to  be  paid  by  Fiscal  Court 12 

COUNTY   SUPERINTENDENT— 

Age    of    : 37 

Annual  report — penalty  for  failing  to  make / 48 

Appeals  from  decisions  of  taken  to  Superintendent  of  Public  Instruc- 
tion   34,   56 

Attendance  at  office   53 

Blanks  for  Trustees,  shall  deliver 52 

Bond,  official,  must  give 40 

Book  Publishers'  Bond,  copy  must  be  kept  on  file  by 61 

Census  report  of,  when  made 42 

Certificates,  county,  shall  be  issued  by 63 

Certificates,  State,  he  shall  notify  Superintendent  of  Public  Instruction 

of  revocation  of  v 133 

County  officers  not  eligible  to  office 38 

Decisions,  official   56 

Devise,  gift  or  donation,  held  in  trust  by 50 

Districts,  power  over;  new;  abolishing,  etc 41 

Districts,  may  change  the  boundary  of 42,  65 

District  Taxation,  must  report  to  Superintendent  of  Public  Instruction 

amount  of  money  raised  by 116 

Diploma,  State;  he  shall  notify  Superintendent  of  Public  Instruction 

of  revocation  of  132 

Election    of     39 

Eligibility  to  office  of 38,  132 

Examination  of  Teachers  shall  be  conducted  by 61 

Examination  of  applicants  for  office  of 37 

Error  in  census,  must  be  responsible  for 42 

Fence,  may  condemn 41 

Furniture  and  apparatus,  may  condemn  41 

Grade  Book,  must  supply  teacher  with 41 

Graded  Common  School;  shall  pay  per  capita  of,  to  Treasurer  thereof.  116 

Institutes,    must    organize 137 

shall  select  place  for  holding;  conduct;  publish  minutes 142 

Library  Committee,  shall  be  chairman  of  149 

Malfeasance  in  office,  may  be  removed  by  County  Court  for 58 

Misdemeanor,  is  guilty  of  in  case  of  failure  to  make  proper  payment  of 

and  settlement  for  moneys 47 

Notice  of  election  to  vote  tax  for  district  purposes  must  be  signed  by . .  94 

Oath  of  Trustees  and  Teachers  may  be  administered  by 51,  52,  63 

Official   record   of    49 

Penalty  for  buying  Teacher's  claim  or  acting  as  text-book  agent 34 

Penalty  for  fraudulent  report 46 

Penalty  for  paying  Teacher's  salary  except  on  Chairman's  certificate. .  .135 

Qualification  of  37 

Record  of  each  District  must  be  kept  by 67 

Record  of  adoption  of  text-books  must  be  kept  by 61 

Record  book  for  Trustee,  must  furnish  each  District  with 76 

Salary  of    57 

School-houses  may  be  condemned  by 41 


234  INDEX  TO  GENERAL  SCHOOL  LAW. 

Sections. 
COUNTY    SUPERINTENDENT— Continued. 

School-houses  may  be  located  by,  in  case  of  appeal 77 

Settlement,  annual;  when  made    47 

Successor,   duty  to 59 

Teachers,  payment  of;  how  and  when 45 

Teachers'  Register  and  Grade  Book  must  be  examined  by 41 

Terms  of  office  39 

Text-books    for    indigent    children,    shall    be    furnished    by    County 

Judge 43,  82 

Must  keep  record  of   61 

Tie,  in  case  of,  Trustees  shall  be  appointed  by 72 

Trustee,  suspension  of  or  removal  of  by  55 

Vacancy  in  office  of  Trustee,  to  be  filled  by 24 

Vacancy  in  office  of  Trustee,  how  supplied 58 

Visits  to  schools  and  records  of,  to  be  made  by 41 

Vacancy  in  office  of,  how  filled 58 

COUNTY  BOARD  OP  EXAMINERS— (See  Examiners.) 

COURTS— 

The  County  Fiscal  allows  salary  to  County  Superintendent 57 

Pays  fees  for  services  of  officials 12 

The  Circuit  has  jurisdiction  in  removal,  etc 58 

The  Appellate  has  jurisdiction  from  the  Circuit 58 

The  Circuit  must  charge  the  grand  jury,  etc 156 

DISTRIBUTION— 

Annually  of  School  Laws 33 

DISTRICTS— 

Adjoining  districts,  privileges  of   69 

Area  of 66 

Boundary,  change  of;  on  what  conditions  changes  may  be  made 42,  65 

City,  town  or  village;  privileges  of,  and  provisions  concerning 70 

Fractional  districts,  reclaiming  of,  etc 68 

Graded  Common  School  Districts 100 

Libraries,  organization  and  management  of 150,  151 

Name  and  number  of  65 

Record   of    66 

School-house,  location  of   67 

School,  population  of 66 

DISTRICT  TRUSTEES— (See  Trustees.) 

DISTICT  TAXATION— (See  Taxation.) 

DOCTRINES— (See  Sectarian.) 

EDUCATION— 

State  Board  of,  how  organized 15 

State  Department  of   9 

State  Board  of,  to  prepare  and  publish,  etc. 20 

EXAMINERS— 

Fee  for  examining  applicants 64 

For  State,  appointed  by  Superintendent  of  Public  Instruction 24 

For  County,  appointed  by  County  Superintendent ; 60 

For  State,  may  grant  State  Certificates  and  Diplomas 133,  132 

For  County,  may  grant  County  Certificates,  1st,  2d  and  3d  class. .       .  .133 


INDEX  TO  GENEKAL  SCHOOL  LAW.  235 

EXAMINERS— Continued. 

For  County  must  sign  and  file  oath 60 

may  not  accept  gifts,  etc 61 

may  examine  in  May,  June,  July  and  August  only 63 

must  report  on  condition  of  question  package 63 

penalties  for  non-adoption  of  Books 61 

qualifications   of   State    24 

qualifications  of  County   60 

EVIDENCE— 

Any  official  before  removal  shall  have  opportunity  to  get 56 

County  Superintendent  may  issue  subpoena  for,  etc 89 

EXPENSES— 

Of  State  Department  of  Education  paid,  etc 9 

Of  County  Superintendent  paid  by  Fiscal  Court 57 

Of  Institute  to  be  paid  out  of  funds  of 142 

FISCAL  COURT— (See  Court.) 

FUNDS- 
NO  part  of  Common  School,  to  be  used  for,  etc 10 

School,  consists  of  interest  on  bonds,  etc 8 

consists  of  22  cents  tax  on  each  $100,  etc 8 

consists  of  fines,  forfeitures,  etc 8 

Auditor  keeps  account  of  school 11 

The  net,  is  for  distribution  annually 12 

The  Superintendent  of  Public  Instruction  shall  apportion,  by  per  capita  13 

Due  shall  be  paid,  two-fifths  in  October,  etc 14 

Of  District,  controlled  by  Trustees 81 

For  Graded  School  to  be  provided  by  Board  of  Trustees 13 

Of  Counties,  to  be  apportioned  by  Superintendent  of  Public  Instruction  13 

Of  the  schools,  not  used^  to  pay  fees,  discounts,  etc 12 

GRADED    COMMON    SCHOOLS— 

Accounts  of  collecting  officers,  how  settled 130 

Attendance,  conditions  of,  to  pupils 113,  114 

Assessment  of  property  for  taxation,  how 119,  128 

Board  of  Trustees  divided  into  three  classes 107 

Bonds  may  be  issued  when  two-thirds  vote  for IK 

must  be  signed  by  President  and  Secretary .' 117 

Buildings  to  be  provided  by  the  Board  of  Trustees 117 

By-Laws  and  Rules  to  be  made  by  Board 109 

Cities  of  5th  and  6th  classes  may  adopt 124,  125 

Common  School  property  vests  in  Board 120 

Colored  people  may  also  organize  Graded  Schools 123 

County  Clerk  must  give  order  to  Sheriff  in  10  days 101 

must  give  County  Superintendent  copy  of  final  order 104 

County  Judge  must    ~ecei ve  petition 100 

enter  an  order  for  election 100 

enter  order  declaring  the  result  of  election 104 

Pupils  may  go  at  reduced  tuition,  when 120 

Seminary  property  will  go  to  Board,  when 120 

Course  of  study  fixed  by  Board  of  Trustees  but  must  embrace  Common 

School   Studies    110 

Election,  first,  ordered  by  County  Judge 100 

held  by  appointees  of  Sheriff 102 


236  INDEX  TO  GENERAL  SCHOOL  LAW. 

Sections. 
GRADED   COMMON   SCHOOLS— Continued. 

held  after  advertisement 107 

manner  of  holding 103 

officers  report  to  County  Judge 104 

Elections  held  after  first,  by  appointees  of  Board 121 

report  to  the  Board 121 

may  be  held  biennially  till  carried 122 

Interest  on  Bonds  limited  not  to  exceed  6  per  cent 127 

Old  debts  may  be  paid  with  extra  taxation 126 

President  of  Board  shall  be  appointed 112 

Reports  made  by  President  and  Secretary 112 

School  House  must  be  provided  by  Board 117 

Secretary  of  Board  may  be  appointed  112 

Settlements  must  be  made  on  or  before  1st  Monday  in  January 130 

may  be  required  quarterly 130 

Sheriff  must  advertise  within  10  days,  where  and  how 102 

advertise  20  days  before  the  election 102 

swear  in  Judge  and  Clerk  of  election 103 

Taxes,  when  50  cents  may  be  collected 100 

when  75  cents  may  be  collected 117 

how  much  goes  to  each  fund 118 

collection  of,  how  governed 119 

Teachers  appointed  by  Board  of  Trustees. 110 

must  hold  County  Certificates 110 

Trustees,  six  to  be  voted  for,  when  tax  voted  on 105 

County  Judge  declares  who  is  elected 105 

style  of  the  Board  as  a  corporation 106 

power  to  make  rules  for  all 106 

divided  into  classes  and  hold  three  years 107 

must  keep  a  Journal  open  to  all 107 

take  oath  of  office 108 

vacancy  filled  till  next  election 107 

Treasurer  shall  be  appointed  by  Board. 115 

give  bond  and  pay  out  money,  when 115 

shall  have  a  reasonable  salary 115 

Tuition  fee,  who  must  pay  and  who  goes  free 114 

HEALTH— 

Of  school  to  be  looked  after  by  Trustees 84 

HOLIDAYS— 

Teachers  have  benefit  of  such  when  observed 4 

INDEXING— 

Of  School  Laws  to  be  done  biennially 31 

INFIDELS— 

Doctrines  not  to  be  taught  in  school 6 

Not  to  be  in  school  books . 6 

Not  to  be  in  library  books 151 

LAND— 

For  site  of  school-house,  may  be  condemned 77 

LIBRARIES— 

County  Library,   provisions  concerning 148,   149 

District  Library,  provisions  concerning 150,  151 

Rules  for,  formulated  by  State  Board..  149 


INDEX  TO  GENEKAL  SCHOOL  LAW.  237 

LIBRARIES— Continued. 

Copy  of  all  official  publications  to  be  sent 149 

County  Board  to  make  rules  for  District  Library 150 

MISDEMEANOR— 

To  accept  office  and  then  fail  to  perform,  etc 91 

To  fail  to  deliver  records  to  successor 59,  92 

For  Trustee  to  buy  claim  of  Teacher 88 

For  Trustee  to  receive  any  thing  for  employing,  etc 88 

For  Examiner  to  receive  any  thing  for  adopting  books 61 

For  a  County  Superintendent  to  pay  a  Teacher's  claim  not  certified 135 

For  County  Superintendent  to  act  as  agent  of  text-books 54 

For  a  Teacher  to  use  State  Board  questions  unlawfully 63 

For  a  Teacher  to  make  a  false  statement  in  a  report 135 

For  a  County  Superintendent  to  fail  and  refuse  to  pay  Teachers  their 

wages 47 

For  a  County  Superintendent  to  fail  to  be  at  his  office,  etc 48 

For  a  County  Superintendent  to  make  false  returns 46 

For  a  Trustee  to  fail  to  make  census  report  of  his  District 85 

For  a  Trustee  to  make  a  false  census  report 85 

For  an  officer  of  election  to  count  illegal  votes,  etc 73 

ORGANIZATION— 

Of  State  Board  of  Education 15 

Of  State  Board  of  Examiners  24 

Of  County  Examining  Board 60 

Of  District  Board  of  Trustees  72 

Of  Institute  for  Teachers  137 

Of  County  Teachers'  Association  146 

Of  County  Library 149 

Of  District  Library  150 

Of  Colored  Schools,  etc '. 154 

PASS-WAY— 

Opened  to  school-house  by  Trustees 77 

To  school-house  over  land  of  others 77 

PAY— 

Of  Teacher  only  on  certificate  of  Trustee 45 

Of  Teacher  only  on  filing  monthly  report 135 

PUPILS— 

Are  those  children  from  6  to  20  years 2 

All  must  comply  with  school  regulations 5 

Census  of  shall  be  taken  in  April 85,  42 

Completing  the  course  of  study,  etc.,  shall  receive 7 

May  be  suspended  or  expelled  for  disobedience 136,  5 

Should  attend  regularly  and  promptly  82 

Have  the  privilege  of  attending  school  free 2 

In  districts  not  to  be  less  than  45,  etc 66 

PERJURY— 

To  make  a  false  census  list  85 

Wilfully  to  misstate  facts  to  Superintendent  of  Public  Instruction 46 

PROSECUTIONS— 

For  misappropriations  of  school  funds  are,  by  County  Attorney 32 

For  neglect  of  duty,  are  by  Commonwealth's  Attorney,  when 156 

For  official  misconduct  by  the  grand  jury  when  156 

For  failure  to  provide  school-house,  by,  etc 78 


238  INDEX  TO  GENERAL  SCHOOL  LAW. 

Sections. 

RAILROADS— 

May  be  taxed  in  districts  where  found 79 

Officials  must  be  furnished  district  boundaries,  Sec.  4, XIII 

RECORDS— 

Shall  be  kept  of  orders  drawn  on  Auditor 26 

Shall  be  kept  of  official  decisions  of  Superintendent  of  Public  Instruc- 
tion    34 

Shall  be  kept  by  each  County  Superintendent,  of  money,  etc 49 

Shall  be  kept  by  Trustees  of  their  doings 76 

Shall  be  kept  by  Trustees  and  Secretary  of  Graded  Common  Schools. .  .109 
Shall  be  kept  by  Teacher  of  his  school 134 

RECORD  BOOKS— 

For  showing  condition  of  school,  etc 134 

(See  Records.) 

ROADS— 

To  school-house,  to  be  provided,  etc 77 

To  school,  not  to  charge  pupils  toll  77 

SATURDAY— 

May  not  be  used  for  school  day 4 

SCHOOL  DAT- 
Consists  of  6  to  9  hours  work  in,  etc 4 

SCHOOL  FUND— (See  Funds.) 

SCHOOL-HOUSES— 

Condemnation  of  for  repairs,  furnishing,  etc 41,  78 

Insurance  of   78 

Reversionary  interest  in  75 

Site  of . . . . . 77 

Size  of 78' 

Title  to 75 

To  be  provided  by  trustees 78,  117 

May  be  condemned  by  County  Superintendent 41 

SCHOOL  LAWS— 

Must  be  edited  biennially 31 

Published  and  circulated  annually  33 

Indexed  by  Superintendent  of  Public  Instruction  31 

SCHOOL  YEAR— 

Begins  July  1,  and  ends  June  30 3 

SCHOOL  MONTH— 

Consists  of  20  days  of  school  work  4 

SECTARIAN  DOCTRINES— 

Not  permitted  in  school  teaching 6 

Not  to  be  in  school  books 6 

Not  to  be  in  library  books 151 

SETTLEMENTS— 

Annual  to  be  made  by  County  Superintendent 47 

Superintendent  of  Public  Instruction  shall  notify  County  Judge,  etc 47 

STATE  BOARD  OF  EDUCATION— 

Attorney-General  member  of 15 

By-laws,  etc.,  for  government  of  schools  shall  be  prepared  by 20 

Chairman — Superintendent  of  Public  Instruction — shall  attest  corpor- 
ate acts   .19 


INDEX  TO  GENEKAL  SCHOOL  LAW,  239 

STATE  BOARD  OF  EDUCATION— Continued. 

Course  of  study  prescribed  and  published  by  20,  21 

Custodian  of  evidences  16 

Libraries,  duties  of  board  concerning 20 

Meetings,  how  called  18 

Powers  as  to  real  or  personal  estate 16 

Secretary  of  State,  member  of  15 

STATE  BOARD  OP  EXAMINERS— 

Appointed  by  Superintendent  of  Public  Instruction 24 

Certificates  to  teach  may  be  issued  by 133 

Diplomas  to  teach  may  be  issued  by 132 

Pees  for  examinations  132, 133 

Questions,  shall  prepare  four  series  for  Teachers 63 

for  examination  of  County  Superintendent  24,  37 

SUPERINTENDENTS  OP  CHARITABLE  INSTITUTIONS— 

Shall  report  to  Superintendent  of  Public  Instruction 28 

SUPERINTENDENT  OP  PUBLIC  INSTRUCTION— 

Accounts  of   : 26 

Attorney-General  shall  render  opinions  for,  on  request 34 

Appeals,  shall  decide  questions  of 34 

Appoint  day  and  furnish  questions  for  examination  of  applicants  to  fill 

vacancies  in  office  of  County  Superintendent 58 

Biennial  report 27 

Blanks,  he  shall  prepare,  etc 30 

Blanks  shall  be  supplied  to  Secretary  of  City  School  Board  for  annual 

report    Ill 

Board  of  Education,  he  shall  be  Chairman  of 17 

Bond   of 22 

Contested  election  for  County  Superintendent,  duty  of  regarding 39 

Certificates,  blanks,  shall  prepare,  etc 30 

Certificates  of  Common  School  graduates,  he  shall  sign 7 

Certificates,  State,  duty  of  in  regard  to 133 

Charitable  institutions,  shall  make  report  of  in  biennial  report 28 

Clerks,  number,  salary,  etc 23 

Corporate  acts  of  State  Board  of  Education,  he  shall  attest 19 

Decisions  of  the  Court  of  Appeals  and  of  the  Attorney-General  touch- 
ing school  matters,  he  shall  publish  biennially 33 

Decisions,  official   34 

Donations,  gift  or  devise,  duties  of,  relating  to 35, 152 

Institute  Conductors,  convention  may  be  called  by  139 

Institute  Instructor  may  be  appointed  by  144 

Laws  shall  be  edited  biennially  by 31 

Meetings  of  Board  of  Education,  how  called 18 

Meeting  of  Board  of  Examiners 18 

Neglect  of  duty  on  part  of  school  officers,  shall  report 32,  156 

Notices,  shall  prepare   30 

Oath  of  office  22 

Office    supplies 23 

Official   decisions    34 

Publications  for  annual  distribution  ,. 33 

Pro  rata  share  of  school  fund,  shall  be  determined  by 13 

Publisher's  bond,  must  file,  etc 62 

Records,  certified  copies  of  to  the  evidence  equal  with  originals 29 


240  INDEX  TO  GENERAL  SCHOOL  LAW. 

Sections. 
SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— Continued. 

Records,  official    34 

Record  book  for  Trustees,  shall  furnish  76 

Salary  of 23 

State  Board  of  Education,  shall  publish  rules  and  regulations  of 33 

State  Board  of  Examiners,  shall  publish  rules  and  regulations  of 33 

Settlements  of 26 

Shall  furnish  information  to  circuit  judges,  etc 156 

Shall  furnish  Teacher's  register,  etc 134 

Term,  when  begins,  etc 22 

Warrants  on  Auditor  for  school  fund  drawn  by 14,  45 

TAXATION— 

For  building  and  furnishing,  by  Trustees 78 

For  Teacher's  salary,  voted  by  the  district  . .' 95 

For  Graded  School.    (See  Graded  School.) 

For  incidentals  levied  by  Trustees 80 

How  collected   79 

TEACHERS— 

Assistant  Teachers  4 

Course  of  study,  must  enforce 136 

Certificate  of  qualification  131 

Diploma,  State,  provisions  concerning,  force  of 132 

Grade  book  and  register,  must  keep 134 

Institute,  must  attend  140 

Penalty  for  false  report 135 

State  certificate,  provision    concerning  133 

Suspension  of  pupil   136 

Term  report,  must  make 135 

TEACHERS'   INSTITUTE— 

Attendance  on;  penalty  for  non-attendance,  etc 140 

Conductor  of   138 

Convention  of  Institute  Conductors  may  be  called  by  Superintendent 

of  Public  Instruction 139 

County  library  fund,  relation  to  142 

County  Teachers'  Association,  meeting  shall  be  held  during  session  of.  .146 

Colored  institute   156 

Instruction,  subject  of  145 

Joint  Institutes 141 

Normal  Instructor  may  be  recommended  for 144 

Notice  of  must  be  posted 143 

Organization,  object,  etc 137 

Place  of  holding  Institute 143 

Proceedings,  how  published 142 

Report  of  County  Superintendent,  concerning 146 

TOWNS- 
HOW  to  organize  schools  in  fifth  and  sixth  classes 124 

How  schools  may  be  organized  in  third  and  fourth  classes 125 

TRANSFER  OF  PUPILS— 

Condition  of,  from  one  district  to  another 69 

TREASURER  OF  STATE— 

Funds  unexpended  at  close  of  year,  to  be  returned  to. .  .47 


INDEX  TO  GENERAL  SCHOOL  LAW.  241 

TREASURER  OF  DISTRICT— 

To  have  warrant  paid  him  for  independent 14 

To  collect  taxes  for  building  and  incidentals 79 

To  be  appointed  for  Graded  School 115 

TRUSTEES— 

Annual  report  of  86 

Attendance  at  school,  duties  of  trustees  in  relation  to 83 

Census,  duties  in  relation  to  85 

Chairman  shall  sign  reports 87 

Contested  election,  duty  of  in  case  of 74 

Damages,  power  to  recover  for 77 

Disease,  infectious  and  contagious,  duty  of  in  case  of 84 

Eligibility  to  office  of,  who  eligible,  number,  term,  etc 72 

Election,  when  and  where  held  72 

Fraudulent  election,  penalty  for  73 

Furniture  and  apparatus 77 

Graded  course  of  study  shall  be  enforced  by 20 

Insurance  of  school-house  and  6ontents  78 

Institutes,  must  post  notices  of  time  to  be  held 143 

Incidental  expenses,  how  provided  for  80 

Malfeasance  in  office,  penalty  for 89 

Meetings  at  school-house,  when  held,  etc 83 

Maps,  globes,  charts,  etc 78 

Neglect  of  duty,  penalty  for  . .  .32,  91 

Penalty  for  failure  to  furnish  school-house  after  order  from  County 

Superintendent    78 

Penalty  for  making  false  census 85 

for   buying   Teachers'    claims,    and   for   fraud    in    employing 

Teacher  88 

Private  school  in  district  school-house,  must  give  consent  to 81 

Powers  of     75 

Qualifications  of  74 

Record  book,  how  kept,  etc 76 

Railroad  tax 79 

Repairs  to  school  property  shall  be  made  under  direction  of 77 

Report  to  County  Superintendent  names  of  children  who  are  unable  to 

purchase  books  82 

Road  to  school   77 

School-house,  shall  secure  site  for 77 

School-house  and  lot,  title  to,  vested  in  trustees 75,77 

School-house  and  lot,  size  of,  value  of,  condemning,  furnishing,  etc 78 

Successor,  duty  to  92 

Suspension  of  pupils   83 

Tax  for  building,  repairing,  etc 78 

Taxes,  levying  and  collecting,  duties  of  concerning 79 

Treasurer  of  Board  of  Trustees,  duty  of 79 

Teacher,  employment  and  removal  of : 81 

Vacancy  in  office  of,  how  supplied  74 

Visit  to  parents 82 

WITNESSES- 
HOW  to  secure  attendance  .  89 


242  INDEX  TO  GENEKAL  SCHOOL  LAW. 

SCHOOL  LAWS  OTHER  THAN  THOSE  POUND  IN  CHAPTER  260,  ACTS 

OP    ASSEMBLY,  1892-'93,  WITH    ABSTRACTS    OP    DECISIONS. 
I.  A  tax  to  reimburse  Trustees. 

II.  Provisions  for  paying  old  debt  of  Graded  Common  School  District. 
Amended  act. 

III.  Adjunct  schools  and  colleges. 

IV.  Agricultural  and  Mechanical  College. 

V.  State  Normal  School  for  Colored  persons. 
VI.  Public  Schools  in  cities  of  the  first  class. 
VII.  Public  schools  in  cities  of  the  second  class. 
VIII.  Public  schools  in  cities  of  the  third  class. 
IX.  Public  schools  in  cities  of  the  fourth  class. 
X.  Kentucky  Institution  for  the  Education  of  the  Blind. 
XI.  The  Kentucky  Institutes  for  Deaf  Mutes. 

XII.  The  Institution  for  the  Education  and  Training  of  Feeble-Minded 
Children. 

XIII.  Assessment  of  and  payment  of  railroad  taxes. 

XIV.  Disposition  of  the  direct  tax  returned  to  Kentucky  in  1892. 
XV.  County  Seminary  property.    Act  amendatory  of  section  120. 

XVI.  Reform  School  for  Boys  and  Girls. 
XVII.  How  to  incorporate  schools  and  colleges. 

Abstracts  of  court  decisions  and  opinions  of  the  Attorney-General.  156  to  174. 
Legal  forms  for  School  Officers,  Teachers  and  others,   ....  .    175  to  229. 


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